Legal Question in Wills and Trusts in California
I have a notarized POA for my Mom. When we sold her house, the title company lost the original POA so it was never recorded.....We want to sell other property she has outside the USA. Is this going to be a problem?? Can you just get a sworn declaration from the original Notary and use a copy of the POA?
3 Answers from Attorneys
Since you feel you need to use a POA you must also feel that your mother lacks the mental capacity to made real estate decisions. If she has that ability, the POA can not be used. A copy should be just as valid as the original. But the sale of property is normally governed by the country in which it is located, so you have to check what their requirements are.
The original notary could certify a copy.
You should repost in the category for the country where the land is recorded. I can't advise you on non-California foreign law, and neither should any of the other attorneys above.
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