07 Jun Do we have to register powers of attorney with the county?

Q. Do we have to register power of attorney and durable power of attorney documents with our county? If so, how and where?
— Planning

A. We’re glad you’re asking.

Too many people unfortunately don’t have all the estate planning documents they should.

A power of attorney, whether durable, which means it’s effective upon signing, or springing, which would be effective upon certain conditions, does not need to be “registered” with the county, said Shirley Whitenack, an estate planning attorney with Schenck, Price, Smith & King in Florham Park.

“However, if the agent under the power of attorney is transferring or selling the principal’s real property, the power of attorney must be filed with the county clerk’s office together with the new deed,” she said. “If the agent is going to engage in financial transactions then the power of attorney should be given to the financial institutions holding the principal’s assets.”

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This story was originally published on June 7, 2023.

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