[WSBAPT] durable power of attorney lost original in real estate deal

[Douglas Owens]

Dear list mates, I have a client who is in a coma, and who executed a durable power of attorney four years ago, and the agent is capable of acting but cannot locate the original of the signed power of attorney.  A real estate sale is pending and the comatose client is a seller, but the title company indicates although it will accept the POA for the agent to execute the deed it requires that the original be recorded.  A copy is available but it clearly is stamped “duplicate.”  Is there any method to achieve the equivalent that anyone knows of?  I have searched the act and cannot find one.  Is a lawsuit to compel the title company to accept the power of attorney likely to succeed without the original?  Thank you for your attention.  Yours truly, Doug Owens