Effective Power of Attorney
My brother and I just got a joint durable power of attorney for my father who is 84 and in declining health. We purchased it through a company. Someone told us that we have to get it probated in the county my father resides in order for it to be legally binding. If we didn't, there could be a challenge from my stepmother and her family on certain issues. Is this correct?
A Power of Attorney does not need to be "probated" to be effective. It is effective when signed and properlywitnessed and notarized and if a "subsequent event" springing the Power of Attorney
into existence is required by the document, it has occurred, such as the Grantor becoming incapacitated. Some people do, however, record the Power of Attorney at the Probate Court, as a permanent record, and to give "notice" to all that it is in place. Keep in mind, any subsequent changes, or a revocation of the Power of Attorney, would then need to be
recorded too. You should consult an attorney for the particulars of your situation.
Nov 13th 2011.