¶ Some Of The Six (6) Greater States Recognize The Right To Rely Upon A Copy Of A Power Of Attorney In Their Legislation

In Texas in respect of a durable Power of Attorney, §751.0023 states:

(c) Except as otherwise provided by statute other than this subtitle or by the durable Power of Attorney, a photocopy or electronically transmitted copy of an original durable Power of Attorney has the same effect as the original instrument and may be relied on, without liability, by a person who is asked to accept the durable Power of Attorney to the same extent as the original.

In Florida, §709.2106(5) provides:-

Except as otherwise provided in the Power of Attorney, a photocopy or electronically transmitted copy of an original Power of Attorney has the same effect as the original. Notwithstanding this subsection, an original Power of Attorney that is relied upon to affect the title to real property may be required for recording in the official records.

In Pennsylvania, §5602(c) states:

..except for the purpose of filing or recording under subsection (c), a photocopy or electronically transmitted copy of an originally executed Power of Attorney has the same effect as the original.

In California §4307 states:

(a) A copy of a Power of Attorney certified under this section has the same force and effect as the original Power of Attorney.

(b) A copy of a Power of Attorney may be certified by any of the following:

(1) An attorney authorized to practice law in this state.

(2) A notary public in this state.

(3) An official of a state or of a political subdivision who is authorized to make certifications.

(c) The certification shall state that the certifying person has examined the original Power of Attorney and the copy and that the copy is a true and correct copy of the original Power of Attorney.

(d) Nothing in this section is intended to create an implication that a third person may be liable for acting in good faith reliance on a copy of a Power of Attorney that has not been certified under this section.

A Special Word About California

The following extract from the 1994 California Law Revision Commission Report which led to enactment of Division 4.5 of the Probate Code is informative, speaking of law as it was prior to the amendments and proposed changes:

In order to facilitate use of Powers of Attorney, the proposed law provides that a copy has the same force and effect as the original if it is certified by a California notary public or attorney or by an official of any state who is authorized to make certifications..”

¶ In Many Of The Six (6) Greater States Legislation Recognizes The Right To File A Power Of Attorney

Add 4305 in CA recordable Affidavit as well

In Florida, §709.2106(6) provides “..an original of a properly executed Power of Attorney may be presented to the clerk of the circuit court for recording in the official records as provided under §28.222 upon payment of the service charge as provided under §28.24”.

In Pennsylvania, §5602(c) states:

(c) Filing and recording of power of attorney.--An originally executed Power of Attorney may be filed with the clerk of the orphans' court division of the court of common pleas in the county in which the principal resides, and, if it is acknowledged, it may be recorded in the office for the recording of deeds of the county of the principal's residence and of each county in which real property to be affected by an exercise of the power is located. A power of attorney executed in electronic form may be recorded in the same manner as a document subject to the act of July 5, 2012 (P.L. 935, No. 100), 1 known as the Uniform Real Property Electronic Recording Act. The clerk of the orphans' court division or any office for the recording of deeds with whom the power has been filed may, upon request, issue certified copies of the power of attorney. Each such certified copy shall have the same validity and the same force and effect as if it were the original, and it may be filed of record in any other office of this Commonwealth (including, without limitation, the clerk of the orphans' court division or the office for the recording of deeds) as if it were the original.

In Texas, §751.151 and §751.135 respectively state in respect of a durable Power of Attorney:

“.. a durable Power of Attorney for a real property transaction requiring the execution and delivery of an instrument that is to be recorded, including a release, assignment, satisfaction, mortgage, including a reverse mortgage, security agreement, deed of trust, encumbrance, deed of conveyance, oil, gas, or other mineral lease, memorandum of a lease, lien, including a home equity lien, or other claim or right to real property, must be recorded in the office of the county clerk of the county in which the property is located not later than the 30th day after the date the instrument is filed for recording..” (§751.151)

"..a durable Power of Attorney for a real property transaction requiring the execution and delivery of an instrument that is to be recorded, including a release, assignment, satisfaction, mortgage, including a reverse mortgage, security agreement, deed of trust, encumbrance, deed of conveyance, oil, gas, or other mineral lease, memorandum of a lease, lien, including a home equity lien, or other claim or right to real property, must be recorded in the office of the county clerk of the county in which the property is located not later than the 30th day after the date the instrument is filed for recording.." §751.135