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Is a copy of a power of attorney document acceptable?
I have misplaced the document that gives me power of attorney over my grandmother. If her lawyer has a copy, will it still be valid without the original signature?
Wow USA, thanks for the lecture. Who would have thought I could turn to a public internet q&a forum for undying support and loyalty from TOTAL strangers in my time of need. You've truly brightened my day. I hope you keep paying it forward.
Never mind. I found it.
NOPE.
Consider this, you have a signed Power of Attorney. Now the person who gave it to you wants to revoke it. How do they do that? They get the original copy of the Power of Attorney with their signature from you and rip it up. Now it is gone. No more Power of Attorney.
But now consider the situation if a copy of a Power of Attorney is valid. Now the person wants to end it. How do they do that? They get the original copy and tear it up. But if a copy is just as valid, then what? They get the copy and rip it up? How do they know there was only one copy? What if there were 100 copies all given to different people? Now the person has to hunt down all 100 copies and rip them up? And even if they do find all 100 copies and rip them up, how do they know there is not a 101th copy?
Clearly, allowing a copy to be as valid as the original just will not work. Therefore ONLY the original signed Power of Attorney is valid. If you want to execute the Power of Attorney, such as sell her house, anyone with even a minute amount of law education is going to ask to see the ORIGINAL Power of Attorney with signatures. (Yes, there are some who will accept a certified copy but that is risky as they do not know if the Power of Attorney is still in effect.) They will of course make a copy, but just to document for themselves that there was one in effect. That copy is not valid, just proof that at the time the legal transaction took place, there was in fact a valid Power of Attorney in place.
You have three options in your situation.
BEST OPTION...Find the original Power of Attorney. If your grandmother ever wants it back you had better be able to produce it.
SECOND OPTION.. Get a new Power of Attorney. It needs to clearly say that the first Power of Attorney (date, time, who signed it, who witnessed it, etc) is now INVALID. Not quite as good as tearing up the first one but the best you can do since you lost the original.
THIRD OPTION. You give her a letter, signed and witnessed saying you lost the Power of Attorney and she is now responsible for her own assets. This might be a good option since you seem to have problems protecting HER important documents.
Lastly, this is if she gave you a POWER OF ATTORNEY. You might be using the wrong term. You might be referring to a court order giving you guardianship over her. In that case the court can give you a certified copy of the court order. Better to do that than get a plain old copy from her attorney. If you go to him, he may just make a motion to the court that you are incompetent to be guardian since you lost the paperwork and he might volunteer to do it.
But no matter what you do...DO NOT LOSE THESE KINDS OF DOCUMENTS AGAIN!!!
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