Does a power of attorney need to be registered or recorded with the government?

Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

In most cases, a power of attorney does not need to be registered or recorded with the government. A properly executed power of attorney is generally valid and effective without any official registration. However, there are a few important considerations and exceptions to be aware of:

First, while registration is not typically required, it can sometimes be beneficial to record a power of attorney with your local county recorder’s office. This creates a public record of the document, which can be helpful if the original is ever lost or destroyed. It may also make it easier for your agent to prove their authority when acting on your behalf.

Second, some states do require registration in certain circumstances. For example, Ohio requires that a power of attorney be recorded if it will be used for real estate transactions. Similarly, some states require registration of durable powers of attorney for healthcare with a state registry. It’s important to check your specific state’s laws.

Third, financial institutions and other entities may have their own requirements. While not a government registration, some banks or investment firms may require that you file the power of attorney with them before they will allow your agent to act on your behalf.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.