New Jersey  |  Wills and Trusts

Legal Question

Asked on: 5/07/13, 7:44 am

NJ, Durable Power of Attorney, Recording with county clerk

My wife and I recently created Durable Power of Attorney documents (naming each other as the designee). They have been signed, witnessed, and notarized. The document instructions (prepared using LegalZoom) indicate that they should be recorded with the county clerk. When I called the office they indicated that recording is only necessary if the designee is going to conduct real estate transactions on my behalf (or hers). We did include real estate in the powers listed, but our thinking here was really about the property we currently have. Both of us are already listed on the deed for the house and that has been recorded already. So...

1. Can one of us already take action on the deed without the other (regardless of the PoA)? Or is the PoA required to enable one of to act alone?

2. If we don't record the PoA is the remainder of the document still valid (assuming the real estate clause is not valid until recorded)?

Thanks.

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