Houston, TX asked in Estate Planning, Elder Law and Probate for Texas

Q: If l lost the original POA then what is the legal remedy?

I lost the original POA for my mom but l have 3 copies. I am trying to sell a house she owns but the title company will only accept the original. What can l do? The POA states that the use of a copy is acceptable. Do l have to go before a judge or something? What do l do? I am in Texas.

2 Lawyer Answers
Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Change title companies. The law allows someone to request a certificate or a letter from a lawyer stating that the DPOA is still in effect. More is a matter of title company policy.

Tammy L. Wincott agrees with this answer

1 user found this answer helpful

Tammy L. Wincott
Tammy L. Wincott
Answered
  • Estate Planning Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: Like banks, title companies often won't accept a copy; however, you have the right to use a different title company. You might consider recording the POA in the appropriate county deed records (if they'll accept the copy).

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