My mother had a durable legal power of attorney made by a lawyer in VA, with me (her daughter) as agent.

Full Question:

My mother had a durable legal power of attorney made by a lawyer in VA, with me (her daughter) as agent. Seven years later, her lawyer told me he would not give me a copy of the original . What can I do about this? My mother is 95 years old and some of the things I do for her require the original document.
03/10/2017   |   Category: Power of Attorney   |   State: Virginia   |   #33731

Answer:

Makes no sense for you to not have the original or certified copy of a recorded one.

General comments about a power of attorney:

Get multiple originals signed if you can, although one is enough. There may be occasions that someone will require you to leave an original (the odds of getting it back are not good) or it may get lost or destroyed accidentally. Backups are good. If anyone wants to keep an original, point to the very last paragraph which specifically states that a copy is just as good as an original.

Suggestion: if you only have one Original power of attorney, take it AT ONCE to the Clerk of the Circuit Court (in Virginia; in other states probably where deeds or wills are recorded), and record it. That way, if you lose the original, a copy certified by the Clerk as being from her/his records will usually work in its place.


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