Filing or Recording a Power of Attorney

Normally, Power of Attorney do not require legal registration to become operative. However, where your agent will be acting in relation to any sort of land transaction, a power of attorney will usually need to be recorded or filed with the County Clerk or the Land Titles Office (the exact filing authority depending on the jurisdiction). If this is the case, the Power of Attorney will probably also need to be notarized.

 

When you register the Power of Attorney is largely up to you as there are generally no time requirements for registration. If it’s not needed straight away, and you don’t want the Power of Attorney placed on public record straight away, you can hold off on registering it until it’s needed. When the time comes, your agent can then register it. However, if you are adopting this approach, you need to check with the clerk in the registry of deeds to see what the specific requirements are for registering. For example, in some states, the Power of Attorneys must be a specific size or on specific types of paper. Assuming that your document meets the required standards, you can then choose to wait before registering.

 

If you intend to register your document in the Registry of Deeds in Illinois, Indiana, Kentucky or Minnesota you will also need to complete the “Preparation Statement” section at the end of the Power of Attorney document. This section simply identifies the person who has prepared the document. In most cases, this will be you (the principal). However, if someone has prepared it on your behalf, they should be identified in this section.

 


 

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