Powers of Attorney

Powers of Attorney: Overview

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  The POA must not have been revoked; AND 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.