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Does a power of attorney need to be filed with the court

Cincinnati, OH |

Does the POA have to be filed in the courthouse?

The Power of Attorney was issued through the county jail by a notary where my daughter is. I did not go to court for it. Power of Attorney was given to me by my daughter to be my grandchild legal guardian, I live in Fl. my daughter is incarserated, I contacted the father of the child trying to establish a relationship between them, he has not been in her live since she was 2/3 yrs. He offered to help and asked if I allow him to keep her for 2 months. He lives in Ma. now he does not want to bring her back. Does this Power of Attorney has jurisditition in Ma? Can I go and collect my grandchild?

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Attorney answers 1


Generally speaking, no, a POA does not have to be filed in the courthouse. Sometimes, some states do require POAs to be filed for certain events, such as for an agent under a POA conveying property to someone else on behalf of the principal. But, by and large, POAs need not be filed.

Your particular state, which is not identified, may have specific statutes regarding this, so if you have questions, you may want to seek assistance from a local attorney, or even try making a call to the court clerk's office in your county.

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