It is usually unnecessary to record the power of attorney. Only if a deed or other document is being recorded with the agent’s signatures. By filing a durable power of attorney with the County Clerk’s office for a small fee, you will be safeguarding against the loss of the document and you will ensure that certified copies can easily be obtained for your agent’s use if you become incapacitated. However, there are drawbacks to recording:
- Filing a document in the County Clerk’s office makes it a public document.
- A unscrupulous agent could easily acquire extra certified copies for improper uses.
If you recorded your power of attorney with the County Clerk’s office and then revoke it, your revocation should also be recorded with that same County Clerk.
If you or a family member need assistance with power of attorney me at (716) 542-5444.