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Does a Durable Power of Attorney document have to be filed in court to be legal?

Amarillo, TX |

Is the legality of a Power Of Attorney document if it has been properly notorized but not filed in court.

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Attorney answers 2


While I practice only in Colorado, I am not aware of any state where a Power of Attorney needs to be filed with a court in order to be valid. I'm sure someone from TX will chime in here . . .

All the best,


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Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


A power of attorney does not have to be filed in court to be legal. However, if you are wanting to engage in real property transactions for the principal, it must be recorded in the real property records.

Adair M. Buckner

Adair M. Buckner


David's answer is correct. It does not have to be filed with a court but if it is being used for a real property transaction, it must be recorded in the county clerk's office in the real property records.

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