Wills and Living Wills

questions & answers

Question: Do you have to file your power of attorney paperwork with the county recorder for it to be legal and final.

Answer: You do not need to record your Power of Attorney document with the county. The county recorder will record the original, notarized document, if you send it to their office. It is "legal" if it meets the statutory requirements, including that it is signed by the Principal with a witness and a notary present when it was signed. The witness and notary cannot be the same person. If it is a health care power of attorney document, that document can be recorded with the Secretary of State's office as part of their free program to record health care directives. It does not need to be recorded with that office to be "legal." A health care power of attorney document requires that it be signed by the principal and either a witness OR a notary.