How do you make a Power of Attorney legally binding?

05/14/2007 - Power of Attorney - State: TX #4673

Full Question:

Does a Power of Attorney have to be filed with an attorney to be effective or does it just have to be filled out, signed and notarized to be in effect? This would be a Power of Attorney to handle my mother's personal business such as finances, bills, etc. while she's in the nursing home. Another family member and I would like to act as co-agents on this Power of Attorney. Would us acting as co-agents have any affect on whether or not it would have to filed with an attorney? I understand that we would have to specify if the co-agents would have to act together or whether we could act independently of each other. If the Power of Attorney does have to be filed with an attorney for any of the above reasons, how long does the process take from the time we consult the attorney until the Power of Attorney is legally in effect?

Answer:

Yes, you should specify whether co-agents act independently or need to agree on matters.

If you are dealing with real property, the POA should be filed at the county recorder's office. The following is a TX statute:

§ 489. RECORDING DURABLE POWER OF ATTORNEY FOR REAL PROPERTY TRANSACTIONS.

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, security agreement, deed of trust, encumbrance, deed of conveyance, oil, gas, or other mineral lease, memorandum of a lease, lien, or other claim or right to real property, shall be recorded in the office of the county clerk of the county in which the property is located.



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05/14/2007 - Category: Power of Attorney - State: TX #4673

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