In order to be considered valid, a Power of Attorney (POA):
1. Must afford the named attorney-in-fact the power to convey and/or encumber real property;
2. If non-durable, the Principal named in the POA must be alive and mentally competent at time of execution and delivery of the requisite deed or mortgage;
3. The POA must not have been revoked; AND
4. The POA must be properly recorded.
While most states recognize durable Powers of Attorney that reference the disposition of “all my property” – for insuring purposes a specific POA, setting forth the legal description of the property to be conveyed or encumbered, is preferable.
The signature line should reference the names of the principal and the attorney-in-fact – e.g., “Paula Principal by Angela Agent, her Attorney-in-Fact.”. Likewise, the notary acknowledgment section should reference both – e.g., “Angela Agent, as Attorney-in-Fact on behalf of Paula Principal.” When recording, the POA should precede the instrument executed by the attorney-in-fact.