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How does a person with an Original Power of Attorney (POA) document get a requested Certified copy of said POA document?

Aurora, CO |

My sister had a stoke and signed forms for me, her brother, to be POA. Upon verifying that my sister wanted to me to be POA, the Hospital Social Worker prepared the documents, phoned a notary that the hospital uses and gathered witness from patients rooms. We got the documents signed. Three banks have accepted my original copy as authentic to access my sister's accounts and made their own copies! However the Benefits and Retirement Department of my sister's employer is requesting a certified copy of the power of attorney! I know for a fact I need to keep the original. So how do I go about satisfying their request for this so called: "Certified Copy of POA" to access my sister's 401K?

Is there another way to get them to accept differently? Where can I get a Certified COPY of POA?

Attorney Answers 6

  1. Best answer

    We encounter such requests for certified copies from time to time. What they arew asking for is a copy that has been been filed with and certified by the County Clerk and Recorder. They are trying to cover themselves in case the POA had been revoked. Once it has been filed a POA can only be revoked by filing a written revocation with the same County Clerk and Recorder. An affidavit of non-revocation usually is sufficient to get them to back off. You might have been able to avoid this problem if the POA had been drafted by an attorney who included certain provisions proactively addressing the issue.

  2. A notary can help you.

  3. You could sign an affidavit indicating that a copy is a certified copy. Otherwise, there is really no such thing as a "certified copy" of a POA. We include a clause in every one of our POA forms that "Copies are to be treated as original documents." We have not had problems. I would inquire of the Department what they will accept. You can provide them with an original, if they will give it back, as everyone else has done. You might also get an attorney to "certify" a copy of the POA.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

  4. I've never seen this request before. You could record the POA in the county in which your sister resides, then request a certified copy from the the recorder.

    It is common for financial entities to request certified Letters of Administration or Testamentary from a Personal Representative after the death of an employee, account holder, etc., but to not accept an original POA is inexplicable.

    Legal Disclaimer: James A. Littlepage is licensed to practice law in Colorado, and as such, his answers to Avvo inquiries are based on his understanding of Colorado law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Littlepage, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. Laws change quickly, and the reader should always insure that legal information of any kind is up to date and accurate before relying on it. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

  5. As the other attorneys have said, in Colorado there is no such thing as a certified copy of a POA. You do not say where your sister's employer is headquartered. National employers have to deal with many different state laws, and the the staff can not be aware of every state's statutes and procedure. Any one accepting a POA has some liability if the POA turns out to be invalid for some reason. This staff probably does not deal with many POAs and is trying to get comfortable with the idea of accepting a POA from a non employee. They have latched onto the idea of getting a certified POA as somehow making it more official. I suggest trying to talk to someone at the employer and explaining the situation. If that does not work, the earlier suggestion to record the POA and then get a certified copy of the recorded document may satisfy them although that process does not provide any additional protection to the employer.

  6. I agree with my collegues. Perhaps you can suggest to the empolyer that a conference is needed with the employer's counsel. Good luck!

    This general response is not intended to be legal advice because I don't have all the facts. The particular facts in each instance will change the recommendation significantly. Any statements made in your posting on Avvo are not protected by the attorney-client privilege because they are shared with third parties. I require a written contract for legal services, so an attorney-client relationship may not be presumed merely by my response to an Avvo posting.

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