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How would I file Power of Attorney in Clark County, Nevada?

Henderson, NV |

My father is in prison in Indian Springs, NV and I need to file for Power of Attorney for him. I have what I assume is the necessary paperwork that was signed by him along with an "Under Penalty of Perjury Statement" since I was told there was no notarizing of documents in the prison. I also have a printed picture from the prison website to prove that he is in prison. I just need to know where I would go to file the paperwork and if I am on the right track?

Thank you.

Attorney Answers 3


  1. A power of attorney does not get "filed" anywhere, although they are sometimes recorded in the county recorder's office where used in connection with the transfer of real property. If the particular act requires notarization, such as a deed, then the power of attorney would also require notarization. Otherwise, it depends upon the purpose for which it will be used, and each person or entity to which or to whom it is proffered as your authority to act on your father's behalf will tell you the sort of authorization they will require. For example, what a bank requires may probably vary from what would be required to transfer ownership of a car, etc., etc. In short, if you have a specific plan or need in mind, contact that person or entity and determine their requirements first.
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    Disclaimer: California attorney Robert Miller has practiced for over 46 years and restricts his practice to real estate and probate matters in the Central District of Los Angeles. Any opinion expressed is for general informational purposes only, no attorney-client relationship is intended or created by this answer, and no action or inaction should be contemplated without first employing and consulting with a competent attorney convenient to the questioner.


  2. Powers of Attorney are not normally 'filed' or 'recorded' anywhere. The person holding the Power(s) typically keeps the original paperwork in a safe place and produces when needed (i.e. for banking purposes, investing, real estate etc.). Good Luck !!

    My answer is based on the limited facts presented. It doesn’t create an attorney-client relationship. Use the ‘Find-A-Lawyer’ search engine at the top of this page and follow proper legal advice.


  3. Unless the POA is signed by him before a notary public and notarized OR signed by him in front of two unrelated witnesses who sign the POA as such, it's no good. When you get it properly executed, you can "file and record" it with the Clark County Recorder's Office. The regularly see and record POAs.

    Good Luck,
    Greg J.
    Reno

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