Is it necessary to send POA form to the county recorder?

1 Reply

I want to buy a parcel of land in Yavapai County, AZ. 

The seller and I both live in LA. The seller's step-father is the name on the previous deed. The seller has POA over him, as he has dementia.

Do you think I need to send in the POA form to the county recorder? I tried asking them, but they said they can't give me legal advice.

This answer is not unique to AZ. Generally speaking, the first thing to do is determine if the POA is valid and effective. Local law (adult witnesses, notarization, etc.) dictates the requirements for validity. Regarding effectiveness, if a principal has dementia, the POA needs to be of the DURABLE variety in order to allow the attorney-in-fact to continue to act on his/her behalf. If both valid and effective, yes, the POA would be recorded among the local land records along with the new deed.

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