There are many asking for this POA Example document in the comments of Harvey Dent: How to Use the SSN to Pay Any Bill Through the Federal Reserve/IMF.
Question: Why would you want or need a Statutory General Durable Power of Attorney?
Answer: To make your natural physical human being into the Attorney-In-Fact over the artificial person, and officially separate yourself from the business trust franchise “legal person” the government assumes to be you (as a human).
The first step is getting a state and then federal Certificate of Authority/Authentication on the State Birth Certificate from the state “you” were berthed. The State Secretary of State usually does the Certificate of Authority/Authentication. This is different than an Apostille (from the same institution) because the state that you plan on officially possess the legal personality are not party to The Hague convention of 1961 even if the United States is party to the Hague Convention of 1961. The Federal authentication comes after the State authentication. This perfects the legal personality for use, and lawful recognition in State and Federal Courts. I recommend getting at least 3 originals. If you want super authentication, you can authenticate the Federal Authentication at the United Nations! (they stole mine when I tried)
The second step is getting your own NON-legal identity documents outside the United States. Common Law ID, World Government of World Citizen ID, or maybe even your lawful State Assembly. (side note, do not trust Reign of Heaven). This is an identity for yourself as a non-legal lawful human being, being Attorney-In-Fact over the legal personality.
The third step is getting the statutory general durable power of attorney. There are many websites for generating this document. Most states have the actual text written out in statutes. Get the POA covered with Certificate of Authentication as well.
For instance, for me, the legal personality was created in Commonwealth of Pennsylvania so the Pennsylvania Consolidated Statutes contain the text needed for the Pennsylvania Statutory General Durable Power of Attorney. This is found at Title 20 Pennsylvania Consolidated Statutes, Chapter 56 §5601, et seq. You will need to read and parse “your” berth State statutes regarding Power of Attorney (POA). Pennsylvania considers all POAs to be Durable but that may not be true in “your” berth state.
Here is an example of a Pennsylvania General Durable Power of Attorney. It contains a title, warning text, the statutory notice, a Powers check list, all statutory powers listed under additional, plus other not so obvious powers are granted, additional statements like choice of law and revocation of POA powers from the government, Witness statements, Attorney-In-Fact statutory statement, and a preparation statement. All signatures must be notarized by everyone present at the same time.
The POA would need to get a state and federal Certificate of Authority/Authentication as well. Do at least 3 originals of these as well. This is not legal advice, this is merely an example for educational use.
§5602 (c) states “(c) Filing and recording of power of attorney.–An originally executed power of attorney may be filed with the clerk of the orphans’ court division of the court of common pleas in the county in which the principal resides, and, if it is acknowledged, it may be recorded in the office for the recording of deeds of the county of the principal’s residence and of each county in which real property to be affected by an exercise of the power is located.”
§ 5610 Tells us exactly where to file a copy of all these documents (with Certificates of Authority): Office of the Clerk in the County where the principal resides. I recommend filing a copy with the berth county as well. Get a certified copy of the documents on file as well. you can make official valid copies from there. My berth county refused to file and stole the documents.
§5613 says that you need to specify the jurisdiction and choice of law in the POA. Check it out.
FYI, courts are corrupt and even when done correctly, courts can use their “discretion” to totally ignore these properly made, filed, and officially recognized documents.
- Be sure to strike any text giving authority to courts or courtrooms.
- Durability text should be included even if The State provides Durability, in case it is exercised in another state without such provisions. Incapacity & incompetence, disabling, and death should be covered as there is inconistency among states.
- Power of Attorneys are usually effective when executed. Recording is official proof and notice. Notice to the State and Federal Treasury, Department of State, Department of Justice, Department of Homeland Security, and IRS.
- Not all States revoke prior power of attorneys that they -the state- retain before yours. You should revoke all prior POAs in your POA to stop any presumption of any state.
- Have the notary sign the Principal’s name as the piece of paper, legal avatar, is physically unable-disabled to sign the power of attorney.
- Your body is (Movable) Real Land Property. It’s made of “land”… you eat “land” (aka. plant based when traced)… you are what you eat.
- UCC §3-402 (b)(2) provides that you, as a real human, are liable for the “artificial person” (name) on the instrument/contract. UCC §3-419 provides the consequences: You are surety for and the performances of the “artificial person” that doesn’t actually exist. UCC §3-402 (a): The paper with signature is a “simple contract” even if the other party, the state, doesn’t sign it! The state created, and thus owns, the paper; creating the contract without a “visible” other party.
- Know the phrase “TAKE CONSTRUCTIVE NOTICE THAT I am competent to handle my affairs and over the age of 21.” Know why its needed and when to use it.
- The Statutory General Durable Power of Attorney should also be Irrevocable and Military.
- All Irrevocable Military Statutory General Durable Power of Attorney should contain a Choice of Law, particularly to choose LAW OF PEACE rather than the current LAW OF WAR, in regards to jurisdiction, courts, courtrooms, and law, and that the PoA applies to all LAW OF WAR circumstances, states, and nations without exception. Your PoA should state something like: “No law of war court, courtroom, judge, administrator, or other judicial or judicial-like proceeding has authority to terminate, suspend, revoke, or otherwise limit the authority of the agent. The only restrictions the Agent is required to honor is Law of Peace determinations of termination, suspension, revoking, and/or limitation on the authority of the agent. All other determinations are null and void, ab initio; particularly of any and all Law of War proceedings, justice, hearings, decisions, administrations, and the like.”
The following State information for Power of Attorneys is just a reference and not all there is. All states have more “laws” than this, but these are the most relevant to this conversation. This is not legal advice, do you own due diligence.
United States Federal Military Power of Attorney
10 U.S. Code § 1044b – Military powers of attorney: requirement for recognition by States
“(c) Statement To Be Included.—
(1) Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a).
(2) Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph.”
The following text statement should be included in a Military Power of Attorney, according to 10 USC §1044b (c)(1):
10 U.S. Code § 1044b “(a) Instruments To Be Given Legal Effect Without Regard to State Law.—A military power of attorney—
(1) is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and
(2) shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned.“
Alabama, AL – Code of Alabama 1975 – AL Code (2017)
AL Code § 26-1A (2017) ALABAMA UNIFORM POWER OF ATTORNEY
• AL Code § 26-1A-301 (2017) Power of Attorney Form – Durability included.
• AL Code § 26-1A-302 (2017) Agent’s Certification – Deliver this rather than the POA itself as proof of POA.
AL Code § 26-1A-106 (2017) Validity of power of attorney.
“(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.“
Title 35 §35-4-50 PROPERTY – CONVEYANCES AND CREATION OF ESTATES.
“Conveyances of property, required by law to be recorded, must be recorded in the office of the judge of probate.”
AL Code § 26-1-2 (2017) GENERAL PROVISIONS
(a) A durable power of attorney[…]contains the words “This power of attorney shall not be affected by disability, incompetency, or incapacity of the principal”[…].
(e) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he or she did not have, at the time of the exercise of the power, actual knowledge of the termination of the power by revocation or of the death, disability, incompetency, or incapacity of the principal is conclusive proof of the nonrevocation or nontermination of the power at that time.
(g)(1) A principal may designate under a durable power of attorney an individual who shall be empowered to make health care decisions on behalf of the principal[…].
(g)(13) A durable power of attorney executed in another state in compliance with the law of that state or of this state is valid for purposes of this subsection, but this subsection does not authorize the administration, withholding, or withdrawal of health care otherwise prohibited by the laws of this state.
Alaska, AK – Alaska Statutes – AK Stat (2022)
AK Stat § 13.26.6xx (2022) Powers of Attorney
• AK Stat § 13.26.645 (2022) Statutory form power of attorney.
AK Stat § 40.17.010 (2022) Place of recording and access to records. (recording the Recorder’s Office)
“(a) The Department of Natural Resources shall provide at each public office designated by the department
(1) the documents and indices or alternative document retrieval system of the recording district or districts served by that public office;”
AK Stat § 13.26.615 (2022) Acceptance of power of attorney.
“(a) A third party asked to accept a power of attorney may request, and rely upon, without further investigation
(1) an agent’s certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;
(2) an English translation of the power of attorney if the power of attorney contains, in whole or in part, a language other than English; and
(3) an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.”
AK Stat § 40.17.110 (2022) Documents eligible for recording.
“(b) If the document to be recorded is a conveyance, power of attorney, contract for the sale or purchase of real property, or option for the purchase of real property, the document must be acknowledged.”
Alaska Legal Services Corporation provides a POA
Arizona, AZ – Arizona Revised Statutes – AZ Rev Stat (2022)
AZ Rev Stat § 14-55xx (2022) Article 5 Powers of Attorney
• AZ Rev Stat § 14-5501 (2017) Durable power of attorney; creation; validity (minimal format requirements, no recording requirements)
• AZ Rev Stat § 14-5505 (2017) Continuance of durable powers of attorney by affidavit (Agent Certification)
AZ Rev Stat § 14-5507 (2017) Applicability of article
“This article does not apply to health care directives that are validly executed under section 36-3221 and does not establish authority under a durable power of attorney for the purposes of health care decision making.”
Arizona Publicly provided Power of Attorney Maricopa County Superior Court
Arkansas, AR – Arkansas Code – AR Code (2020)
AR Code §28-68 (2020) Uniform Power of Attorney Act
• AR Code § 28-68-301 (2020) Statutory form power of attorney – Durability Included
• AR Code § 28-68-302 (2020) Agent’s certification
AR Code § 28-68-106 (2020) Validity of power of attorney
“(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.“
AR Code § 28-68-110 (2020) Termination of power of attorney or agent’s authority
“(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
AR Code § 18-12-501 (2020) Power of Attorney – Acknowledgment and recording
“(b) Letters of attorney shall be proved or acknowledged before the same courts or officers that are authorized by this act to take probate of deeds conveying real estate.” (aka, your local County Recorder’s Office)
California, CA – California Code – CA Code (2022)
CA Prob Code 4.5 (2022) Powers of Attorney
• CA Prob Code § 4401 (2022) Statutory form Power of Attorney – (Durability not automatic, no recording requirements)
• CA Prob Code § 4128 (2022) Non-Attorney Warning for PoA Affidavit Statement
CA Prob Code §4307 Copy of PoA has same effect as original; who copies
“a) A copy of a power of attorney certified under this section has the same force and effect as the original power of attorney.
(c) The certification shall state that the certifying person has examined the original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney.”
CA Prob Code § 4403 Initializing PoA “power” grants, not limits power
LA County Statutory General Power of Attorney (California Probate Code §4401)
Colorado, CO – Colorado Code – CO Code (2022)
CO Code § 15-14-7xx (2022) Uniform Power of Attorney Act
• CO Code § 15-14-741 (2022) Statutory Form – Power of Attorney (Durability built-in)
• CO Code § 15-14-742 (2022) Agent’s Certification.
CO Code § 15-14-710 (2022) Termination of Power of Attorney or Agent’s Authority
“(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
CO Code § 15-14-706 (2022) Validity of Power of Attorney
“4. Except as otherwise provided by statute other than this part 7, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Nothing in this subsection (4) shall preclude a third party relying upon a power of attorney from requesting the original document.”
CO Code § 38-35-109 (2022) Instrument May Be Recorded
“(1) All deeds, powers of attorney, agreements, or other instruments in writing conveying, encumbering, or affecting the title to real property, certificates, and certified copies of orders, judgments, and decrees of courts of record may be recorded in the office of the county clerk and recorder of the county where such real property is situated;”
Connecticut, CT – Connecticut General Statutes – CT Stat (2022)
CT Gen State § 1-35x (2022) Uniform Power of Attorney Act
• CT Gen Stat § 1-352. (2022) Power of attorney short and long form
• CT Gen Stat § 1-352a. (2022) Agent’s certification
CT Gen Stat § 1-350e. (2022) Validity of power of attorney.
“(d) Except as otherwise provided by statute, other than sections 1-350 to 1-353b [PART 1], inclusive, or unless the power of attorney otherwise provides, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
CT Gen Stat § 1-350i. (2022) Termination of power of attorney or agent’s authority.
“(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
CT Gen Stat § 47-10. (2022) Conveyance to be recorded. (Register in the Land Records Office, aka Town Clerk’s Office)
“(a)[…]When a conveyance is executed by a power of attorney, the power of attorney shall be recorded with the deed, unless it has already been recorded in the records of the town in which the land lies and reference to the power of attorney is made in the deed.”
Delaware, DE – Delaware Code – DE Code (2022)
12 DE Code § 49A (2022) DURABLE PERSONAL POWERS OF ATTORNEY ACT
• 12 DE Code § 49A-301 (2022) Statutory form durable personal power of attorney; agent’s certification
12 DE Code § 49A-104 (2022) Power of attorney is durable.
“A power of attorney is durable if it contains the words: “This power of attorney shall not be affected by the subsequent incapacity of the principal,”“
12 DE Code § 49A-110 (2022) Termination of PoA
“(e) The execution of a personal power of attorney does not revoke a personal power of attorney previously executed by the principal unless the subsequent personal power of attorney provides that the previous personal power of attorney is revoked or that all other personal powers of attorney are revoked.”
12 DE Code § 49A-106 (2022) Execution of personal power of attorney.
“(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
9 DE Code § 9605 (2018) Recordation of instruments.
“(a) Each recorder shall record, within a reasonable time, […] all instruments authorized or directed by law to be recorded or lodged by the recorder of deeds.” (recorded or filed with the county)
Florida, FL – Florida Statutes – FL Stat (2022)
General Power of Attorney Statutory Form not found in FL Statutes.
??? Have you found it? comment below.
FL Stat §709.2xxx (2022) Powers of Attorney
• FL Stat §709.2104 Durability Text for Power of Attorney (requirements, not the form)
• FL Stat § 709.08 (2022) Agent Certification Form (4)(c).
“(1) Durable Power of Attorney. The durable power of attorney must be in writing, must be executed with the same formalities required for the conveyance of real property by Florida law, and must contain the words: “This durable power of attorney is not affected by subsequent incapacity of the principal except as provided in s. 709.08, Florida Statutes”; or similar words”
“(4)(c) Agent Certification Form. An affidavit executed by the attorney in fact must state where the principal is domiciled, that the principal is not deceased, and that there has been no revocation, partial or complete termination by adjudication of incapacity or by the occurrence of an event referenced in the durable power of attorney, or suspension by initiation of proceedings to determine incapacity or to appoint a guardian of the durable power of attorney at the time the power of attorney is exercised.”
FL Stat §709.2106 Validity of power of attorney.
“(5) Except as otherwise provided in the power of attorney, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. Notwithstanding this subsection, an original power of attorney that is relied upon to affect the title to real property may be required for recording in the official records.
(6) An original of a properly executed power of attorney may be presented to the clerk of the circuit court for recording in the official records as provided under s. 28.222 upon payment of the service charge as provided under s. 28.24.”
FL Stat § 709.2105 (2022) Qualifications of agent; execution of power of attorney.
“(3) If the principal is physically unable to sign the power of attorney, the notary public before whom the principal’s oath or acknowledgment is made may sign the principal’s name on the power of attorney pursuant to §117.05 (14).” (The Legal Avatar is a fiction and unable to sign)
FL Stat § 117.05 (2022) Notary Signing for the legal avatar unable, statutory certification text for notary signature.
“(14) A notary public must make reasonable accommodations to provide notarial services to persons with disabilities.”
“(c) The following notarial certificates are sufficient for the purpose of notarizing for a person who signs with a mark: (FULL TEXT…)”
FL Stat § 695.01 (2022) Conveyances and Liens to Be Recorded.
(1) nor shall any such instrument made or executed by virtue of any power of attorney be good or effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice unless the power of attorney be recorded before the accruing of the right of such creditor or subsequent purchaser.
FL Stat § 695.015 (2022) Conveyances by Law Between Governmental Agencies, Recording.
“695.015 Conveyances by law between governmental agencies, recording.—All laws which purport to convey title to real property from one governmental agency or political subdivision to another shall be recorded in the public records of the county or counties in which the property is located, and such laws shall contain a provision requiring such recording.”
Florida Bar Foundation Power Of Attorney
Georgia GA – Georgia Code – GA Code (2022)
GA Code § 10-6B (2022) Power of Attorney
• GA Code § 10-6B-70 (2022) Statutory Form Power of Attorney (Durability provided)
• GA Code § 10-6B-71 (2022) Optional Form for Agent Certification of Facts
GA Code § 10-6B-10 (2022) Termination of Power of Attorney and Agent’s Authority
“f. The execution of a power of attorney shall not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney shall be revoked or that all other powers of attorney are revoked.”
GA Code § 10-6B-6 (2022) Validity of Power of Attorney; Effect of Copy
“c. Except as otherwise provided by law other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney shall have the same effect as the original; provided, however, that when recording a power of attorney in connection with a conveyance involving real property, a power of attorney shall be in a form that complies with Part 1 of Article 1 of Chapter 2 of Title 44.“
Notes: The Power of Attorney is not required to be recorded in Georgia to be effective in property matters/conveyance. The Deeds are recorded, but no specific requirement for POA… Though it can. I recommend that you do, as proof and to get the certified copy. The POA is typically filed and recorded in the same place as property/land/deed transactions are filed and recorded.
GA Code § 44-2-1 (2022) Where and When Deeds Recorded
“Every deed conveying lands shall be recorded in the office of the clerk of the superior court of the county where the land is located.”
GA Code § 44-2-20 (2022) Recorded Affidavits Relating to Land as Notice of Facts Cited Therein; Filing and Recording
“Affidavits [Power of Attorney] referred to in subsection (a) of this Code section shall be filed by the clerk of the superior court of the county where the land is located and shall contain a caption referring to the current owner and to a deed or other recorded instrument in the chain of title of the affected land. The clerk of the superior court shall record such affidavits, shall enter on the deed or other recorded instrument so referred to the book and page number on which such affidavit may be recorded, and shall index same in the name of the purported owner as shown by such caption in both grantor and grantee indexes in deed records as conveyances of lands are recorded and indexed; and the clerk shall receive the same compensation therefor as for recording deeds to lands.”
Hawaii, HI – Hawaii Revised Statutes – HI Rev Stat (2022)
HI Rev State § 511E (2022) Uniform Power of Attorney Act
• HI Rev Stat § 551E-51 (2022) Statutory form power of attorney. (Durability automatic)
• HI Rev Stat § 551E-52 (2022) Agent’s certification.
HI Rev Stat § 551E-6 (2022) Termination of power of attorney or agent’s authority.
“(f) The execution of a power of attorney shall not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
HI Rev Stat § 551E-3 (2022) Power of attorney.
“(e) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney shall have the same effect as the original.“
HI Rev Stat § 502-84 (2022) Bureau of Conveyances; Recording – Powers of attorney, etc.
“All articles of marriage settlement and powers of attorney for the transfer of real property within the State shall be recorded in the bureau of conveyances, in default of which no such instrument shall be binding to the detriment of third parties or conclusive upon their rights and interests.”
Idaho ID – Idaho Code – ID Code (2022)
ID Code § 15-12 (2022) UNIFORM POWER OF ATTORNEY ACT
• ID Code § 15-12-301 (2022) STATUTORY FORM POWER OF ATTORNEY. (Durability included)
• ID Code § 15-12-302 (2022) AGENT’S CERTIFICATION.
ID Code § 15-12-110 (2022) TERMINATION OF POWER OF ATTORNEY OR AGENT’S AUTHORITY.
(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.
ID Code § 15-12-106 (2022) VALIDITY OF POWER OF ATTORNEY.
“(4) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
ID Code § 55-806 (2022) POWER MUST BE RECORDED BEFORE CONVEYANCE BY ATTORNEY.
“An instrument executed by an attorney in fact must not be recorded until the power of attorney authorizing the execution of the instrument is filed for record in the same office.”
ID Code § 55-808 (2022) PLACE OF RECORD.
“Instruments entitled to be recorded must be recorded by the county recorder of the county in which the real property affected thereby is situated.”
Illinois IL – Illinois Compiled Statutes – ILCS (2022)
General Durable Power of Attorney not provided. 755 ILCS 45/2-4 (c) explicitly excludes powers that you should include.
755 ILCS 45/ (2022) Illinois Power of Attorney Act.
• 755 ILCS 45/3 Statutory NOTICE Short Form Power Of Attorney For Property (legal avatar is also property, not the POA but the notice to include in the POA)
• 755 ILCS 45/4 Powers Of Attorney For Health Care (the legal avatar has “legal health”)
• 755 ILCS 45/2-8 Reliance on document purporting to establish an agency. (Agent’s Certification)
755 ILCS 45/2-5 Duration of agency – amendment and revocation. (Durability is not provided)
“Unless the agency states an earlier termination date, the agency continues until the death of the principal, notwithstanding any lapse of time, the principal’s disability or incapacity or appointment of a guardian for the principal after the agency is signed. […] The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
765 ILCS 5/23 Conveyances Act.
“All deeds, conveyances and powers of attorney, for the conveyance of lands lying in this state, which have been or may be acknowledged or proved and authenticated as aforesaid or in conformity with the laws of any foreign state, kingdom, empire or country, shall be deemed as good and valid in law as though acknowledged or proved in conformity with the existing laws of this state.”
765 ILCS 5/28 Conveyances Act.
“Deeds, mortgages, powers of attorney, and other instruments relating to or affecting the title to real estate in this state, shall be recorded in the county in which such real estate is situated; but if such county is not organized, then in the county to which such unorganized county is attached for judicial purposes.”
Indana, IN – Indiana Code – IN Code (2022)
IN Code § 30-5 (2022) Powers of Attorney
• IN Code § 30-5-4-1 (2022) Validity of Power; Conditions (Durability included, even death)
Notes: These are the elements of a valid Power of Attorney. no statutory form provided.
IN Code § 30-5-4-1.7 (2022) Self-Proving Clause; Counterparts
IN Code § 30-5-3-3 (2022) Recording Power of Attorney
“(a) Except as provided in subsection (b), an attorney in fact may act under a power of attorney without recording the power of attorney with the county recorder.”
Notes: Summary of (b) – Your POA must be recorded to use/record any documents under the POA authority. So get your POA filed and recorded.
IN Code § 30-5-8-5 (2022) Copy of Power of Attorney; Certification
“A copy of the power of attorney has the same force and effect as the original power of attorney if the attorney in fact or the person granting the power of attorney certifies that the copy is a true and correct copy.”
Iowa, IA – Iowa Code – IA Code (2022)
IA Code § 633B (2022) POWERS OF ATTORNEY
• IA Code § 633B.301 (2022) Power of attorney — form. (Durability included)
• IA Code § 633B.302 (2022) Agent’s certification — optional form.
IA Code § 633B.106 (2022) Validity.
“4. Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.“
IA Code § 633B.110 (2022) Termination — power of attorney or agent authority.
“6. Except as provided in section 633B.103, the execution of a general or plenary power of attorney revokes all general or plenary powers of attorney previously executed in this state by the principal, but does not revoke a power of attorney limited to a specific and identifiable action or transaction, which action or transaction is still capable of performance but has not yet been fully accomplished by the agent.”
IA Code § 558.11 (2022) Record — constructive notice.
“The evidence of title shall be filed with the recorder of deeds of the county in which the real estate is situated, who shall record the same, and place an abstract thereof upon the index of deeds.[…]”
Kansas, KS – Kansas Statutes – KS Stat (2021)
No Statutory General Durably Power of Attorney provided in Kansas.
KS Stat § 58-6xx (2021) Powers And Letters Of Attorney
• KS Stat § 58-654 (2021) General Powers in a POA
• KS Stat § 58-632 (2021) Powers and Letters of Attorney; form (durable power of attorney for health care decisions) (Durability not included, text for durability)
KS Stat § 58-652 (2021) Effectiveness of power of attorney; recording; revocation; attorney in fact.
“(c) (1) A power of attorney does not have to be recorded to be valid and binding between the principal and attorney in fact or between the principal and third persons.
(2) A power of attorney may be recorded in the same manner as a conveyance of land is recorded. A certified copy of a recorded power of attorney may be admitted into evidence.”
KS Stat § 58-2221 (2021) Recordation of instruments conveying or affecting real estate
“The grantor, lessor, grantee or lessee or any other person conveying or receiving real property or other interest in real property upon recording the instrument in the office of register of deeds shall furnish the register of deeds the full name and last known post-office address of the person to whom the property is conveyed or such person’s designee”
Kentucky, KY – Kentucky Revised Statutes – KY Rev Stat (2022)
KY Rev Stat § 457 (2022) Uniform power of attorney act (2006)
• KY Rev Stat § 457.420 (2022) Statutory form power of attorney.
• KY Rev Stat § 457.430 (2022) Agent’s certification.
KY Rev Stat § 457.100 (2022) Termination of power of attorney or agent’s authority.
“(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
KY Rev Stat § 457.060 (2022) Validity of power of attorney.
“(4) Except as otherwise provided by statute, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
KY Rev Stat § 382.110 (2022) Recording of deeds and mortgages — Place of recording
“All deeds, mortgages and other instruments required by law to be recorded to be effectual against purchasers without notice, or creditors, shall be recorded in the county clerk’s office of the county in which the property conveyed, or the greater part thereof, is located.”
Louisiana, LA – Louisiana Revised Statutes – LA Rev Stat (2022)
MILITARY POWER OF ATTORNEY – Nepoleonic Code
Louisiana has no statutory general durable power of attorney. The military POA is the only optional form provided. Statutory Agent’s Certification not provided.
LA Rev Stat § 9:3861 – 9:3887 (2022) LOUISIANA MILITARY POWERS OF ATTORNEY
• LA Rev Stat § 9:3862 (2022) Illustrative form; military power of attorney
LA Rev Stat § 9:3870 (2022) [Military] Powers granted
LA Rev State §9:3871 – §9:3882.1 Powers Granted:
- §9:3871. Tangible personal property transactions; powers granted
- §9:3872. Stock and bond transactions; powers granted
- §9:3873. Commodity and option transactions; powers granted
- §9:3874. Banking and other financial institution transactions; powers granted
- §9:3875. Business operating transactions; powers granted
- §9:3876. Insurance and annuity transactions; powers granted
- §9:3877. Estate, trust, and other beneficiary transactions; powers granted
- §9:3878. Claims and litigations; powers granted
- §9:3879. Personal and family maintenance; powers granted
- §9:3879.1. Care, custody, and control of minor child
- §9:3880. Social security; civil or military benefits; powers granted
- §9:3881. Retirement plan transactions; powers granted
- §9:3882. Tax matters; powers granted
- §9:3882.1. Real or immovable property transactions; powers granted
LA Rev Stat § 9:3863 (2022) Requirements for legally sufficient power of attorney; federal preemption
“A. In accordance with 10 U.S.C. 1044b, a military power of attorney is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of Louisiana or any other state. Any such military power of attorney shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the state of Louisiana.
B. For purposes of this Chapter, a military power of attorney is any general or special power of attorney that:
(1) Contains a statement that sets forth the provisions of Subsection A.
(2) Is notarized in accordance with 10 U.S.C. 1044a or other applicable state or federal law.”
LA Rev Stat § 44:71 (2022) Offices for recording mortgages and conveyances
“A. There is established in each parish an office for the recording of mortgages and privileges and one for the recordation of conveyances and transfer of immovables.
B. The clerks of the several district courts throughout the state are ex officio parish recorders of conveyances, mortgages, and other acts.”
Maine, ME – Maine Revised Statutes – ME Rev Stat (2022)
No Statutory General Power of Attorney provided. Durability not included.
18-C ME Rev State §5-9xx (2022) MAINE UNIFORM POWER OF ATTORNEY ACT
• 18-C ME Rev Stat § 5-905 (2022) Requirements for POA, Durable Text for Durability
• 18-C ME Rev Stat § 5-951 (2022) Agent’s certification
18-C ME Rev Stat § 5-910 (2022) Termination of power of attorney or agent’s authority
“6. Previously executed power of attorney not revoked unless provided. The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked“
18-C ME Rev Stat § 5-906 (2019) Validity of power of attorney 6. Copy.
“Except as otherwise provided by statute other than this Part, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
33 ME Rev Stat § 207 (2022) Recording master form
“An instrument containing a form or forms of convenants, conditions, obligations, powers and other clauses of a mortgage, or deed of trust, may be recorded in the registry of deeds of any county and the recorder of such county, upon the request of any person, on tender of the lawful fees therefor, shall record the same in his registry.”
Maryland, MD – Maryland Statutes – MD. Code (2022)
MD. Estate and Trusts Code § 17 (2022) Maryland General and Limited Power of Attorney Act
• MD. Estates and Trusts Code § 17-203 (2022) Statutory Form — [Limited] Power of Attorney (this becomes a General POA when choosing all powers) [Durability included]
• MD. Estates and Trusts Code § 17-204 (2022) Statutory Form — Agent’s Certification of Validity and Authority
MD. Estates and Trusts Code § 17-108 (2022) General Consideration
“(c)(1) Except as otherwise provided by law other than this title and subject to paragraph (2) of this subsection, a photocopy or electronically transmitted copy of an original power of attorney is as valid and binding as the original power of attorney.
(2) A clerk of court may refuse to record a photocopy or electronically transmitted copy of an original power of attorney.”
MD. Real Property Code § 3-103 (2022) Place of Recording
“The proper jurisdiction for recording all deeds or other instruments referred to in §§ 3–101 and §§ 3–102 is as follows:
(1) In the county where the land affected by the deed or instrument lies; or
(2) If the land lies in more than one county, in all of such counties.”
Massachusetts, MA – Massachusetts General Laws – MA Gen L (2022)
No Statutory General Durably Power of Attorney Provided – Durability not included.
MA Gen L ch V § 5 (2022) Protection of Persons Under Disability and Their Property
• MA Gen L ch V § 5-505 (2022) Proof of Continuance of Durable and Other Powers of Attorney by Affidavit (Agent’s Certification)
MA Gen L ch V § 5-501 (2022) Durability text
“(a) A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words ”This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,’‘”
MA Gen L ch V § 5-420 (2022) Recording of Conservator’s Letters
“(b) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships, shall be filed or recorded in each registry district in which the protected person owns real property to give record notice of title as between the conservator and the protected person.”
MA Gen L ch 185 § 10 (2022) Registers of Deeds Acting as Assistant Recorders
“The register of deeds in each district where land has been registered shall have the same authority as the recorder to make memoranda affecting the title of such land, and to enter and issue new certificates of title, and to affix the seal of the court to such certificates and duplicate certificates of title; but in executing the provisions of this chapter, registers of deeds shall be subject to the general direction of the recorder, in order to secure uniformity; and, in the performance of their duties under this chapter, the official designation of registers of deeds shall be assistant recorders for their respective registry districts.”
Michigan, MI – Michigan Compiled Laws – MCL (2022)
MI comp L § 700.55xx (2022) Durable Power of Attorney and Designation of Patient Advocate
• MI Comp L § 700.5501 (2022) Durable power of attorney; definition; attorney-in-fact.
(Durability not included, Attorney-In-Fact statement, but POA itself not defined)
• MI Comp L § 700.5505 (2022) Proof of continuance of durable and other powers of attorney by affidavit. (Agent’s Certification)
MI Comp L § 565.451a (2022) Affidavit Stating Facts Relating to Matters Affecting Realty; Recording.
“An affidavit stating facts relating to any of the following matters that may affect the title to real property in this state and made by any person having knowledge of the facts and competent to testify concerning those facts in open court may be recorded in the office of the register of deeds of the county where the real property is situated:”
Minnesota, MN – Minnesota Statutes – MN Stat (2022)
MN Stat § 523 (2022) Powers of Attorney
• MN Stat § 523.23 (2022) Statutory Short Form Of General Power Of Attorney; Formal Requirements; Joint Agents.
• MN Stat § 523.06 (2022) [Agent’s] Certification. (Certified True Copy is same force as original)
MN Stat § 523.05 (2022) Recording.
“If the exercise of the power of attorney requires execution and delivery of any instrument which is recordable, the power of attorney and any affidavit authorized under sections §523.01 to §523.24 when authenticated for record in conformity with section §507.24, are also recordable.”
MN Stat § 523.06 (2022) Certification.
“A certified copy of a power of attorney has the same force and effect as a power of attorney bearing the signature of the principal. A copy of a power of attorney may be certified by an official of a state or of a political subdivision of a state who is authorized to make certifications. The certification shall state that the certifying official has examined an original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney.”
MN Stat § 507.24 (2022) Recordable, When.
“Subdivision 1. General. To entitle any conveyance, power of attorney, or other instrument affecting real estate to be recorded, it shall be legible and archivable, it shall be executed, acknowledged by the parties executing the same, and the acknowledgment certified, as required by law. All such instruments may be recorded in every county where any of the lands lie.“
Mississippi, MS – Mississippi Code – MS Code (2020)
Mississippi has no defined statutory Power of Attorney form. Durability not included.
MS Code § 87-3-1xx (2020) Uniform Durable Power of Attorney Act
• MS Code § 87-3-113 (2020) Proof of continuance of durable and other powers of attorney by affidavit
MS Code § 87-3-105 (2020) Definition
“A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,”“
MS Code § 87-3-17 (2020) Revocation of letters of attorney recordable
“Any writing revoking letters of attorney may, when acknowledged or proved as conveyances of land are required to be acknowledged or proved, be recorded in like manner, and with like effect from the time of being filed for record, in the office in which the letters revoked were recorded.” (MS Code § 89-5-1 (2020) – Where conveyances of land are recorded)
MS Code § 89-5-1 (2020) Recording instruments; conveyances, acknowledgment, priority
“Except as provided by Sections 89-5-101 through 89-5-113, a conveyance of land shall not be good against a purchaser for a valuable consideration without notice, or any creditor, unless it be lodged with the clerk of the chancery court of the county in which the lands are situated to be recorded; but after filing with the clerk, the priority of time of filing shall determine the priority of all conveyances of the same land as between the several holders of such conveyances.”
Missouri, MO – Missouri Revised Statutes – MO Rev Stat (2022)
Missouri has no statutory Power of Attorney form.
MO Rev Stat § 404.7xx (2022) Durable Power of Attorney – §404.8xx DPoA – Health Care
• MO Rev Stat § 404.705 (2022) Durable Power of Attorney (durability text and requirements)
Missouri has no statutory Agent’s Certification.
“3. A durable power of attorney does not have to be recorded to be valid and binding between the principal and attorney in fact or between the principal and third persons, except to the extent that recording may be required for transactions affecting real estate under sections §442.360 and §442.370.”
MO Rev Stat § 442.380 (2022) Instruments to be recorded.
“Every instrument in writing that conveys any real estate, or whereby any real estate may be affected, in law or equity, proved or acknowledged and certified in the manner herein prescribed, shall be recorded in the office of the recorder of the county in which such real estate is situated.”
Montana, MT – Montana Code Annotated – MT Code (2022)
MT Code § 72-31-3xx (2022) Uniform Power of Attorney Act
• MT Code § 72-31-353 (2022) Statutory form power of attorney (Durability included)
• MT Code § 72-31-354 (2022) Agent’s certification
MT Code § 72-31-310 (2022) Termination of power of attorney or agent’s authority
“(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
MT Code § 72-31-306 (2022) Validity of power of attorney
“(4) Except as otherwise provided by statute other than this part, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.“
MT Code § 70-21-201 (2022) What may be recorded — recording copy in another county
“(1) Any instrument or judgment affecting the title to or possession of real property may be recorded under this part.
(2) When any instrument or judgment affecting the title to or possession of real property situated in more than one county in this state has been recorded in either of such counties, a copy thereof, certified to by the county clerk of the county in which it has been recorded, may be recorded in any other county in this state wherein any portion of the real property affected by such instrument or judgment is situated, and such records will have the same effect as if the original instrument or judgment had been so recorded.”
MT Code § 70-21-208 (2022) In what county to be recorded
“Instruments entitled to be recorded must be recorded by the county clerk of the county in which the real property affected thereby is situated.”
Nebraska, NE – Nebraska Revised Statutes – NE Code (2022)
NE Code § 30-4001 to §30-4045 (2022) Nebraska Uniform Power of Attorney Act
• NE Code § 30-4041 (2022) Statutory form power of attorney. (Durability included)
• NE Code § 30-4042 (2022) Agent’s certification
NE Code § 30-3408 (2022) Power of Attorney [for Health Care]; form
NE Code § 30-4415 (2022) Advance mental health care directive.
NE Code § 30-3409 (2022) Power of attorney; medical record.
“The power of attorney for health care, when its existence becomes known, shall be made a part of the principal’s medical record with any health care provider in or of which the principal is a patient or resides.”
NE Code § 30-4010 (2022) Termination of power of attorney or agent’s authority.
“(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
NE Code § 30-4006 (2022) Validity of power of attorney.
“(4) Except as otherwise provided by statute other than the Nebraska Uniform Power of Attorney Act, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
NE Code § 76-238 (2022) Deeds and other instruments; recording; when effective as notice;
“(1) Except as otherwise provided in sections 76-3413 to 76-3415, all deeds, mortgages, and other instruments of writing which are required to be or which under the laws of this state may be recorded, shall take effect and be in force from and after the time of delivering such instruments to the register of deeds for recording, and not before, as to all creditors and subsequent purchasers in good faith without notice”
Nevada, NV – Nevada Revised Statutes – NV Rev Stat (2022)
NV Rev Stat § 162A (2022) Power of Attorney for Financial Matters and Durable Power of Attorney for Health Care Decisions
• NV Rev Stat § 162A.620 (2022) Power of attorney form (Durability included)
• NV Rev Stat § 162A.860 (2022) Power of attorney for Health Care Decisions: Form.
NV Rev Stat § 162A.230 (2022) Validity of power of attorney. [Agent’s Certification requirement]
“4. Except as otherwise provided by specific statute other than the provisions of NRS 162A.200 to 162A.660, inclusive, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original power of attorney. An agent shall furnish an affidavit to a third party on demand stating that the instrument relied on is a true copy of the power of attorney and that, to the best of the agent’s knowledge, the principal is alive and the relevant powers of the agent have not been altered or terminated.”
NV Rev Stat § 162A.270 (2022) Termination of power of attorney or authority of agent.
“6. The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
NV Rev Stat § 39.390 (2022) Recorded conveyances bar interested persons.
“The conveyances shall be recorded in the county where the premises are situated”
Notes: No requirement for recording POA seem apparent, not even in land transactions. Probably a good idea any way if not denied.
New Hampshire, NH – New Hampshire Revised Statutes – NH Rev Stat (2022)
NH Rev Stat § 564-E (2022) Uniform Power of Attorney Act
• NH Rev Stat § 564-E:301 (2022) Statutory Form Power of Attorney. (Durability Included)
• NH Rev Stat § 564-E:302 (2022) Agent’s Certification.
NH Rev Stat § 564-E:110 (2022) Termination of Power of Attorney or Agent’s Authority.
“(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
NH Rev Stat § 564-E:106 (2022) Validity of Power of Attorney.
“(d) Except as otherwise provided in the power of attorney or by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.“
NH Rev Stat § 478:4 (2022) Recording
“The register of deeds shall receive, file and record for the legal charges all original deeds and instruments brought for that purpose, and shall furnish certificates or copies thereof when required. All documents submitted for recording in each registry of deeds should be on material with markings and of a size to insure suitable, permanent recording thereof.”
NH Rev Stat § 564-E:106 (2022) Validity of Power of Attorney.
“(d) Except as otherwise provided in the power of attorney or by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.“
New Jersey, NJ – New Jersey Revised Statutes – NJ Rev Stat (2022)
No Statutory Power of Attorney Form. Not durable without text. No Agent’s Certification.
NJ Rev Stat § 46:2B (2022) Revised Durable Power of Attorney Act.
• NJ Rev Stat § 46:2B-8.2 (2022) Requirements for Power of Attorney and Durability.
NJ Rev Stat § 46:2B-8.11 (2022) Certified copies and photocopies.
“Any third party to whom the power of attorney is presented may retain and rely upon a photocopy of the original signed document, or may retain and rely upon a certified copy of the original.”
New Mexico, NM – New Mexico Statutes – NM Stat (2021)
NM Stat § 45-5B (2021) Uniform Power of Attorney
• NM Stat § 45-5B-301 (2021) Statutory form power of attorney. (Durability Included)
• NM Stat § 45-5B-302 (2021) Agent’s certification.
NM Stat § 45-5B-106 (2021) Validity of power of attorney.
“D. Except as otherwise provided by statute other than the Uniform Power of Attorney Act, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.“
NM Stat § 45-5B-110 (2021) Termination of power of attorney or agent’s authority.
“F. The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
NM Stat § 47-1-7 (2021) [Powers of attorney and revocations thereof to be acknowledged and recorded.]
“All powers of attorney or other writings containing authority to convey real estate, as agent or attorney of the owner of the same, or to execute, as agent for another, any conveyance of real estate, or by which real estate may be affected in law, or equity, shall be acknowledged, certified, filed and recorded, as other writings conveying or affecting real estate are required to be acknowledged. No such power of attorney, or other writing, filed and recorded in the manner prescribed in this section, shall be considered revoked by any act of the party executing the same, until the instrument of writing revoking the same, duly acknowledged and certified to, shall be filed for record and recorded in the office of the county clerk where said power of attorney or other writing is filed and recorded.”
New York, NY – New York Consolidated Laws – NY Law (2022)
NY Gen Oblig L § 5-15xx (2022) Statutory Short Form and Other Powers of Attorney for Financial and Estate Planning
• NY Gen Oblig L § 5-1501B (2022) Requirements of a Valid Power of Attorney (Durable)
• NY Gen Oblig L § 5-1513 (2022) Statutory Short Form Power of Attorney.
No statutory Agent’s Certificate.
NY Gen Oblig L § 5-1511 (2022) Termination or Revocation of Power of Attorney; Notice.
“4. Where a power of attorney has been recorded pursuant to §294 of the real property law, the principal shall also record the revocation in the office in which the power of attorney is recorded pursuant to §326 of the real property law, provided the revocation complies with section three hundred seven of the state technology law.”
NY Real Prop L § 294 (2022) Recording Executory Contracts and Powers of Attorney.
“1. An executory contract for the sale, purchase or exchange of real property, or an instrument canceling such a contract, or an instrument containing a power to convey real property, as the agent or attorney for the owner of the property, acknowledged or proved, and certified, in the manner to entitle a conveyance to be recorded, may be recorded in the office of the recording officer of any county in which any of the real property to which it relates is situated, and such recording officer shall, upon the request of any party, on tender of the lawful fees therefor, record the same in his said office.”
New York City, NYC – New York City Administrative Code – NYC Code (2006)
Notes: Adopts New York Consolidated Laws by UN HQ Agreement that the US provides protection services from/as State of New York.
North Carolina, NC – North Carolina General Statutes – NC Gen Stat (2022)
NC Gen Stat § 32C (2022) North Carolina Uniform Power of Attorney Act
• NC Gen Stat § 32C-3-301 (2022) Statutory form power of attorney. (Durability Included)
• NC Gen Stat § 32C-3-302 (2022)Agent’s certification.
• NC Gen Stat § 32C-3-303 (2022) Limited power of attorney for real property.
• NC Gen Stat § 32A-25.1 (2022) Statutory form health care power of attorney. (durability)
NC Gen Stat § 32C-1-106 (2022) Validity of power of attorney.
“(d) Except as otherwise provided by statute other than this Chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.“
NC Gen Stat § 32C-1-110 (2022) Termination of power of attorney.
“(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
NC Gen Stat § 47-28 (2022) Powers of attorney. (Recording for real property)
“(a) Recording required for powers of attorney affecting real property:
(1) Before any transfer of real property executed by an agent empowered by a power of attorney governed by Chapter 32C of the General Statutes, the power of attorney or a certified copy of the power of attorney shall be registered in the office of the register of deeds of the county in which the principal is domiciled or where the real property lies.”
North Dakota, ND – North Dakota Century Code – ND Code (2022)
ND Code § 30.1-30 (2022) Uniform Durable Power of Attorney Act
• No Statutory Durable Power of Attorney Form (no durability)
• ND Code § 30.1-30-05 (2022) Proof of continuance of durable and other powers of attorney by affidavit. (Agent’s Certification)
ND Code § 47-19-07 (2022) Place for recording instruments
“An instrument entitled to be recorded must be recorded by the recorder of the county in which the real property affected thereby is situated.”
Ohio, OH – Ohio Revised Code – OH Rev Code (2022)
OH Rev Code § 1337 (2022) Power of Attorney
• OH Rev Code § 1337.60 (2022) Statutory Form Power of Attorney. (durability included)
• OH Rev Code § 1337.61 (2022) Agent’s Certification.
OH Rev Code § 1337.30 (2022) Termination of Power of Attorney or Agent’s Authority.
“(F) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
OH Rev Code § 1337.26 (2022) Validity of Power of Attorney.
“(D) Except as otherwise provided by statute other than sections 1337.21 to 1337.64 of the Revised Code, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
OH Rev Code § 1337.06 (2022) Execution and Evidence of Power of Attorney.
“A power of attorney for the transfer of personal property or the transaction of business relating to the transfer of personal property, in order to be admitted to record as provided in section 1337.07 of the Revised Code, shall be signed and acknowledged in the same manner as deeds and mortgages under section 5301.01 of the Revised Code. When so executed, acknowledged, and recorded, a copy of the record, certified by the county recorder, with the recorder’s official seal affixed to it, shall be received in all courts and places within this state as prima-facie evidence of the existence of that instrument and as conclusive evidence of the existence of that record.”
OH Rev Code § 1337.04 (2022) Recording of Power of Attorney.
“A power of attorney for the conveyance, mortgage, or lease of an interest in real property must be recorded in the office of the county recorder of the county in which such property is situated, previous to the recording of a deed, mortgage, or lease by virtue of such power of attorney.”
Oklahoma, OK – Oklahoma Statutes – OK Stat (2022)
58 OK Stat § 3001 – § 3045 (2022) Uniform Power of Attorney Act
• 58 OK Stat § 3041 (2022) Statutory power of attorney form. (durability included)
• 58 OK Stat § 3042 (2022) Agent’s certification.
58 OK Stat § 3006 (2022) Validity of power of attorney.
“D. Except as otherwise provided by statute other than this act, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
58 OK Stat § 3010 (2022) Termination of power of attorney or agent’s authority.
“F. The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
60 OK Stat § 515 (2022) Deeds conveying estates – Recording – Contents.
“B. Deeds executed in compliance with this section shall be sufficient to identify the interest conveyed or encumbered and shall be entitled to be recorded in the office of the county clerk, in the same manner as other documents [Ed: Like PoA] relating to real property are recorded.”
Oregon, OR – Oregon Revised Statutes – OR Rev Stat (2021)
OR Rev State § 127 (2021) Powers of Attorney; Advanced Directives for Health Care
• No PoA in Statute (durability)
• No Agent’s Certification in Statute
• OR Rev Stat § 127.527 (2021) Form for appointing health care representative.
• OR Rev Stat § 127.529 (2021) Form of advance directive.
• OR Rev Stat § 127.736 (2021) Form of Mental Health Treatment declaration.
OR Rev Stat § 127.015 (2021) Revocation of power of attorney
“(2) A court may order that a power of attorney is revoked upon appointment by the court of a conservator for the principal.”
OR Rev Stat § 127.575 (2021) Instrument presumed valid.
“A health care provider has no duty to give effect to any instrument unless the provider has received a copy of the instrument.[…]”
OR Rev Stat § 93.480 (2021) Deed acknowledged or proved as evidence; recordability.
NOTES: Power of Attorney for real property use is part of a conveyance that is recorded in the county. At least, in my reading of Oregon law for property, deeds and instruments for conveyance.
“Every conveyance acknowledged, proved or certified in the manner prescribed by law by any of the authorized officers may be read in evidence without further proof thereof and is entitled to be recorded in the county where the land is situated.”
Pennsylvania, PA – Pennsylvania Consolidated & Unconsolidated Statutes – PA Stat (2022)
20 PA Cons Stat § 56xx (2022) Power of Attorney
• 20 PA Cons Stat § 5602 (2022) Form of power of attorney [requirements, no actual form] (durability must be stated)
• no Agent’s Certification form
20 PA Cons Stat § 5608 (2022) Acceptance of and reliance upon power of attorney
“(e) Request for information.–A person who is asked to accept a power of attorney may request and, without liability, rely upon without further investigation:
(1) An agent’s certification under penalty of perjury of any factual matter concerning the principal, agent or power of attorney or an affidavit under section 5606 (relating to proof of continuance of powers of attorney by affidavit).
(2) An English translation of the power of attorney, if the power of attorney contains, in whole or in part, language other than English.
(3) An opinion of counsel relating to whether the agent is acting within the scope of the authority granted by the power of attorney if the person making the request provides in writing or other record the reason for the request.”
20 PA Cons Stat § 5602 (2022) (c) Filing and recording of power of attorney.
“(c) An originally executed power of attorney may be filed with the clerk of the orphans’ court division of the court of common pleas in the county in which the principal resides, and, if it is acknowledged, it may be recorded in the office for the recording of deeds of the county of the principal’s residence and of each county in which real property to be affected by an exercise of the power is located. A power of attorney executed in electronic form may be recorded in the same manner as a document subject to the act of July 5, 2012 (P.L.935, No.100), known as the Uniform Real Property Electronic Recording Act. The clerk of the orphans’ court division or any office for the recording of deeds with whom the power has been filed may, upon request, issue certified copies of the power of attorney. Each such certified copy shall have the same validity and the same force and effect as if it were the original, and it may be filed of record in any other office of this Commonwealth (including, without limitation, the clerk of the orphans’ court division or the office for the recording of deeds) as if it were the original.”
Rhode Island, RI – Rhode Island General Laws – RI Gen L (2022)
RI Gen L § 18-16 (2022) Rhode Island Short Form Power of Attorney Act
• RI Gen L § 18-16-2. (2022) Statutory short form power of attorney. (durability)
• No Statutory Agent’s Certification form
RI Gen L § 34-11-34. (2022) Conveyances executed by attorney — Recording of power.
“Any conveyance executed by attorney shall be as valid as if executed by the grantor himself, providing that a power of attorney be given by such grantor for this purpose; which power and the deed executed by the attorney thereunder shall be signed, acknowledged, delivered and recorded with like formalities prescribed by law concerning deeds from grantors in person.”
RI Gen L § 34-11-1. (2022) Conveyances required to be in writing and recorded.
“Every conveyance of lands, tenements or hereditament absolutely, by way of mortgage, or on condition, use or trust, for any term longer than one year, and all declarations of trusts concerning the conveyance, shall be void unless made in writing duly signed, acknowledged as hereinafter provided, delivered, and recorded in the records of land evidence in the town or city where the lands, tenements or hereditaments are situated;”
South Carolina, SC – South Carolina Code of Laws – SC Code (2022)
SC Code § 62-8 (2022) South Carolina Uniform Power of Attorney Act
• No Statutory General Durable PoA. (durability included)
• No Statutory Agent’s Certification.
SC Code § 62-8-110 (2022) Termination of power of attorney or agent’s authority.
“(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
SC Code § 62-8-106 (2022) Validity of power of attorney.
“(d) Except as otherwise provided by statute other than this part, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
SC Code § 30-7-10 (2022) Validity of conveyances, liens, and other transactions as to subsequent purchasers and creditors.
“[…] generally all instruments in writing conveying an interest in real estate required by law to be recorded in the office of the register of deeds or clerk of court in those counties where the office of the register of deeds has been abolished or in the office of the Secretary of State“
South Dakota, SD – South Dakota Codified Laws – SD Codified L (2022)
SD Codified L § 59-12 (2022) Uniform Power Of Attorney Act
• SD Codified L § 59-12-41 (2022) Statutory form–Power of attorney. (Durability Text)
• SD Codified L § 59-12-42 (2022) Statutory form–Agent’s certification.
• SD Codified L § 59-12-43 (2022) Statutory form–Revocation.
SD Codified L § 59-12-9 (2022) Termination of power of attorney or agent’s authority.
“(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
SD Codified L § 59-12-5 (2022) Validity of power of attorney.
“(4) Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
SD Codified L § 43-28-1 (2022) Recording of instruments affecting real estate with register of deeds.
“Any instrument affecting the title to or possession of real property may be recorded as by law provided.
Instruments entitled to be recorded must be recorded by the register of deeds of the county in which the real property affected thereby is situated.”
Tennessee, TN – Tennessee Code – TN Code (2021)
TN Code § 34-6 (2021) Power of Attorney
TN Code § 34-6-1xx (2021) Uniform Durable Power of Attorney Act
• No Statutory Power of Attorney form (Durability Text)
• No Agent’s Certification form.
• TN Code § 34-6-2xx (2021) Durable Power of Attorney for Health Care
TN Code § 66-5-106 (2021) Authentication and Registration Required
“No deed of conveyance for lands, in whatever manner or form drawn, shall be good and available in law, as to strangers, unless it is acknowledged by the vendor, or proved by two (2) witnesses upon oath, in the manner prescribed in Chapters 2 2 and 23 of this title, and registered by the register of the county where the land lies. ” (no requirement for PoA recording)
Texas, TX – Texas Statutes – TX Est Code (2022)
TX Est Code § 752.051 (2022)
• TX Est Code § 752.051 (2022) Form of Statutory Durable Power of Attorney (Durability Text)
• TX Est Code § 752.052 (2022) Modifying Statutory Form to Grant Specific Authority
• TX Est Code § 751.055 (2022) Affidavit Regarding Lack of Knowledge of Termination of Power or of Disability or Incapacity (Agent’s Certification)
TX Est Code § 752.003 (2022) Prescribed Form Not Exclusive
“The form prescribed by Section 752.051 is not exclusive, and other forms of power of attorney may be used.”
TX Est Code § 751.0023 (2022) Validity of Power of Attorney
“(c) Except as otherwise provided by statute other than this subtitle or by the durable power of attorney, a photocopy or electronically transmitted copy of an original durable power of attorney has the same effect as the original instrument and may be relied on, without liability, by a person who is asked to accept the durable power of attorney to the same extent as the original.”
TX Est Code § 751.135 (2022) Previous Durable Power of Attorney Continues in Effect Until Revoked
“The execution of a durable power of attorney does not revoke a durable power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other durable powers of attorney are revoked.”
TX Est Code § 751.151 (2022) Recording for Real Property Transactions Requiring Execution and Delivery of Instruments
“A durable power of attorney for a real property transaction requiring the execution and delivery of an instrument that is to be recorded, including a release, assignment, satisfaction, mortgage, including a reverse mortgage, security agreement, deed of trust, encumbrance, deed of conveyance, oil, gas, or other mineral lease, memorandum of a lease, lien, including a home equity lien, or other claim or right to real property, must be recorded in the office of the county clerk of the county in which the property is located not later than the 30th day after the date the instrument is filed for recording.”
Utah, UT – Utah Code – UT Code (2022)
UT Code § 75-9 Uniform Power of Attorney Act
• UT Code § 75-9-301 (2022) Statutory form power of attorney. (Durability included)
• UT Code § 75-9-302 (2022) Agent’s Certification.
UT Code § 75-9-106 (2022) Validity of power of attorney.
“(4) Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. For transactions involving real property, the copy of the power of attorney may be recorded in the county where the transaction lies when attached to an affidavit of the person accepting the power of attorney.”
UT Code § 75-9-110 (2022) Termination of power of attorney or agent’s authority.
“(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
Vermont, VT – Vermant Statutes – V.S.A.
14 V.S.A. § 3501 – §3516 Powers of Attorney
• 14 V.S.A. § 3502 Requirements for Power of Attorney (Durability Text)
• No statutory Agent’s Certification form
Notes: Vermont does not cancel prior PoA with a new PoA. no statutes is this regard.
14 V.S.A. § 3513 Presumption of validity
“Any power of attorney executed as provided in this subchapter shall be presumed valid. No third party with whom an agent seeks to act shall require an additional or different form of power of attorney. A photocopy or electronically transmitted facsimile of a duly executed original power of attorney may be relied upon to the same extent as the original.”
27 V.S.A. § 305 Conveyances effected through power of attorney
“(a) A deed or other conveyance of lands or of an estate or interest therein, made by virtue of a power of attorney, shall not be of any effect or admissible in evidence, unless such power of attorney is signed, witnessed by one or more witnesses, acknowledged, and recorded in the office where such deed is required to be recorded.”
27 V.S.A. § 341 Requirements generally; recording
“(a) Deeds and other conveyances of lands, or of an estate or interest therein, shall be signed by the party granting the same and acknowledged by the grantor before a notary public and recorded at length in the clerk’s office of the town in which such lands lie. Such acknowledgment before a notary public shall be valid without an official stamp being affixed to his or her signature.”
Virginia, VA – Code of Virginia – VA Code (2022)
VA Code § 64.2-16xx (2022) Uniform Power of Attorney Act
• No statutory power of attorney form (durability included)
• VA Code § 64.2-1639 (2022) Agent’s Certification
VA Code § 64.2-1604 (2022) Validity of power of attorney
“D. Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
VA Code § 64.2-1608 (2022) Termination of power of attorney or agent’s authority
“F. The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
VA Code § 64.2-1603 (2022) Execution of power of attorney
“A power of attorney in order to be recordable shall satisfy the requirements of § 55.1-600.“
VA Code § 55.1-600 (2022) When and where writings recorded
“Except when it is otherwise provided, the circuit court of any county or city, or the clerk of any such court, or his duly qualified deputy, in his office, shall record any such writing as to any person whose name is signed thereto with an original signature, when it shall have been acknowledged by him, or proved by two witnesses as to him in such court, or before such clerk, or his duly qualified deputy, in his office, or the manner prescribed in Articles 2 (§ 55.1-612 et seq.), 3 (§ 55.1-616 et seq.), and 4 (§ 55.1-624 et seq.). “
Washington, WA – Revised Code of Washington – WA Rev Code (2022)
WA Rev Code § 11.125 (2022) Uniform Power of Attorney Act.
• WA Rev Code § 11.125.050 (2022) Power of attorney—Requirements. (Durability Text)
No Form provided, just requirements.
• WA Rev Code § 11.125.430 (2022) Agent’s Certification statutory form
WA Rev Code § 11.125.100 (2022) Power of attorney termination—Agent authority termination.
“(7) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
WA Rev Code § 11.125.060 (2022) Power of attorney—Validity.
“(4) Except as otherwise provided by statute other than chapter 209, Laws of 2016, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
WA Rev Code § 65.08.130 (2022) Revocation of power of attorney.
“A power of attorney or other instrument recorded pursuant to RCW 65.08.060 through 65.08.150 is not deemed revoked by any act of the party by whom it was executed unless the instrument of revocation is also recorded in the same office in which the instrument granting the power was recorded.”
WA Rev Code § 65.08.100 (2022) Recording – Certified copies.
“A copy of a conveyance of or other instrument affecting real property recorded or filed in the office of the secretary of state or the commissioner of public lands, or of the record thereof, when certified in the manner required to entitle the same to be read in evidence, may be recorded with the certificate in the office of any recording officer of the state.”
WA Rev Code § 65.08.030 (2022) Recorded irregular instrument imparts notice.
“(1) An instrument in writing purporting to convey or encumber real estate or any interest therein [Ed. Power of Attorney], which has been recorded in the auditor’s office of the county in which the real estate is situated, although the instrument may not have been executed and acknowledged in accordance with the law in force at the time of its execution, shall impart the same notice to third persons, from the date of recording, as if the instrument had been executed, acknowledged, and recorded, in accordance with the laws regulating the execution, acknowledgment, and recording of the instrument then in force.”
West Virginia, WV – West Virginia Code – WV Code (2022)
WV Code § 39B (2022) Uniform Power of Attorney Act
• WV Code § 39B-3-101 (2022) Statutory Form Power of Attorney (Durability Included)
• WV Code § 39B-3-102 (2022) Agent’s Certification
WV Code § 39B-1-106 (2022) Validity of Power of Attorney
“(d) Except as otherwise provided by statute other than this act, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
WV Code § 39B-1-110 (2022) Termination of Power of Attorney or Agent’s Authority
“(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
WV Code § 39-1-1 (2022) Power of Attorney May Be Recorded
“A power of attorney may be admitted to record in any county.“
Wisconsin, WI – Wisconsin Statutes & Annotations – WI Stat (2022)
WI Stat § 244 (2022) Uniform power of attorney for finances and property.
• WI Stat § 244.61 (2022) Statutory Form Power of Attorney for Finances and Property. (Durability Included)
• WI Stat § 244.62 (2022) Agent’s Certification
WI Stat § 155.01 (2022) Power of attorney for health care.
• WI Stat § 155.30 (2022) Power of attorney for health care instrument; form.
WI Stat § 244.10 (2022) Termination of power of attorney or agent’s authority.
“(6) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
WI Stat § 244.06 (2022) Validity of power of attorney.
“(4) A photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
WI Stat § 706.05 (2022) Formal requisites for record.
“(1) Subject to s. 59.43 (2m), every conveyance, and every other instrument which affects title [Ed. Power of Attorney] to land in this state, shall be entitled to record in the office of the register of deeds of each county in which land affected thereby may lie.”
WI Stat § 244.64 (2022) Relation to power of attorney for health care.
“The execution of a Wisconsin statutory form power of attorney for finances and property under this chapter does not confer on the agent any of the powers or duties conferred on a health care agent by the power of attorney for health care under ch. 155.”
WI Stat § 155.65 (2022) Filing power of attorney instrument. (PoA for Health Care)
“(1) A principal or a principal’s health care agent may, for a fee, file the principal’s power of attorney for health care instrument, for safekeeping, with the register in probate of the county in which the principal resides.”
Wyoming, WY – Wyoming Statutes – WY Stat (2022)
WY Stat § 3-9 Uniform Power of Attorney Act
• WY Stat § 3-9-301 (2022) Statutory Form Power of Attorney. (Durability Included)
• WY Stat § 3-9-302 (2022) Agent’s Certification
WY Stat § 3-5 Durable Power of Attorney for Health Care [repealed]
WY Stat § 3-9-106 (2022) Validity of Power of Attorney.
“(d) Except as otherwise provided by law other than this act, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.”
WY Stat § 3-9-110 (2022) Termination of Power of Attorney or Agent’s Authority.
“(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
WY Stat § 34-1-104 (2022) Letters of Attorney; Recordation; Effect as Evidence.
“Every letter of attorney, or other instrument [Ed. Power of Attorney], containing a power to convey lands as agent or attorney for the owner of such lands, and every executory contract for the sale or purchase of lands, only when acknowledged by such owner, may be recorded by the county clerk of any county in which the lands to which such letter, instrument or contract relates, or any part of such lands, may be situated, and when so acknowledged, and the record thereof when recorded, or a transcript of such record duly certified, may be read in evidence in the same manner and with like effect as a conveyance recorded in such county.”
WY Stat § 3-5-103 (2022) Revocation of Power of Attorney [for Health Care] by Recordation.
“Unless the power of attorney otherwise specifically provides, any power of attorney executed prior to January 1, 2018 may be revoked either in the same manner as a power of attorney executed on or after January 1, 2018 or by recording an instrument of revocation with a true copy of the power of attorney attached, in the office of the county clerk of the county in which the principal resides. Constructive notice of the revocation is given from and after the date of recording the instrument of revocation.”
Federal Territorial Insular “States”
City of Washington, DC – District of Columbia Code – DC Code (2022)
DC Code § 21-26xx (2022) Uniform Power of Attorney Act.
• DC Code § 21–2603.01 (2022) Statutory power of attorney form (Durability automatic)
• DC Code § 21–2603.02 (2022) Agent’s Certification
• DC Code § 21–2603.03 (2022) Additional notice if power of attorney authorizes real estate transactions.
DC Code §21-2601.10 (2022) Termination of power of attorney or agent’s authority.
“(f) The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.”
DC Code § 21–2601.06 Validity of power of attorney.
“(d) Except as otherwise provided by statute other than this chapter, a photocopy or electronically submitted copy of an original power of attorney shall have the same effect as the original.”
DC Code §42-1233 (2022) Recording of documents. (Record with the Recorder of Deeds)
“(a) The Recorder of Deeds may receive, index, store, archive, and transmit electronic documents or digitized images.”
American Samoa, AS – American Samoa Code – AS Code
No statutory power of attorney form. Their AS Code is apparently only publicly available at the American Samoa Bar Association. The highlights how close and related these concepts are to each other. The Bar RUNS the statutes they imagine… and not even the ones they write down (in my experience).
AS Code § 37.0101 Registration (The PoA might be registered for land conveyance records with the Territorial Registrar, but the law doesn’t say this is required or that they must)
“(a) The owner of any land in American Samoa not previously registered may register his title thereto with the Territorial Registrar.”
Guam, GU – Guam Statutes – Guam Code (2022)
Guam Code § 215xx (2022) Uniform Durable power of Attorney Act of Guam
• No Statutory Power of Attorney Form (Durability Text)
• Guam Code § 21505 (2022) Proof of Continuance of Durable and Other Powers. (Agent’s Certification)
Northern Mariana Islands, MP – Commonwealth Code – CMC
No Power of Attorney statutes found on record, @2023
PUBLIC LAW NO. 3-81 SENATE BILL NO. 3-86, S.0.2, H.D.l, C.D.l
Ҥ3 Interests in Real Property: Recording and Certification.
(a) Any conveyance or other transfer of real property required to be in writing by Section 2 of this Act shall be recorded with the Commonwealth Trial Court Recorder’s Office by the subscribing party creating, assigning, granting, surrendering, declaring or transferring the interest or estate. In the event that the writing required by Section 2 fails to disclose the underlying amount and terms of payment, if any, the subscribing party shall file sufficient documentation t o disclose such facts.”
Puerto Rico, PR – 2020 Laws of Puerto Rico – PR Laws (2020) [English]
PR tit. 4. ch 69 (2020) Registry of Powers of attorney
• No statutory power of attorney form.
• No statutory agent’s certification.
PR Laws tit. 4 § 921 Register created; registrar
“A “Register of Powers of Attorney” is hereby created and the registrar thereof shall be the Director of the Notarial Inspection Office, attached to the Supreme Court of Puerto Rico.”
PR Laws tit. 4, §922 (2020) Registration of deeds concerning powers of attorney
“It shall be the duty of every notary before whom a deed to constitute, modify, extend, substitute, renounce, revoke or renew a power of attorney is executed, to send to the Notarial Inspection Office, within the next three (3) days following the execution thereof, not counting Saturdays and Sundays or legal holidays, a notice certified under his seal, setting forth therein the name or names of the grantor or grantors and of the witnesses, and the date, number, and nature of the deed, specifying the person to whom the power of attorney is granted, extended, modified, or revoked.”
U.S. Virgin Islands, VI – US Virgin Islands Code – V.I. Code (2019)
V.I. Code tit. 15, ch 63 (2019) Uniform Durable Power of Attorney Act
• No statutory power of attorney form (Durability Text)
• V.I. Code tit. 15, § 1266 (2019) Proof of continuance of durable and other powers of attorney by affidavit (Agent’s Certification)
(Review for health care PoA, revocation by court?, acceptance of Poa)
Governmental Services Corporation Watch 
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