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

[Candace Wilkerson]

Doug, does the power of attorney have any language stating that a copy is to be accepted as having the same authority as an original?  My powers of attorney say this:

"Persons dealing with my attorney-in-fact may rely fully on a photocopy of this document as though the photocopy was an original."

Maybe if yours contains the language I mention above you could make an argument for recording the copy.  I haven't tried this before, but it's a thought.

Best,
Candace Wilkerson

-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Douglas Owens
Sent: Friday, February 19, 2021 8:34 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] durable power of attorney lost original in real estate deal

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

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