Q: Does a durable POA need to be registered with the county in MA? My FIL was just diagnosed with mid-stage dementia.
My husband is Durable POA, we need to get my FIL into more suitable housing (without stairs) and found a place, and plan to use a HELOC on his current residence (free and clear) to finance about 25% of the purchase. Then once he’s transitioned we will sell the current residence which will completely payoff the new. The HELOC officer asked if the durable POA is registered with the county and I can’t find any info on how to do that or how to verify/check if it has already been.
A: Your question was very confusing but you seem to be asking how to determine if the power of attorney instrument was recorded in the Registry of Deeds? If so, there is a public records check system on line through the Secretary of State's Office. If the document was not recorded it can be recorded with the particular Registry of Deeds Check their website for instructions and recording fees.
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