How to Find a Power of Attorney Record: County, IRS, and Courts

To find a power of attorney record, start with what the document was for, because POAs are not kept in any single central database. A POA used to sign a deed sits in county land records. A tax POA is stored in an IRS database. A healthcare POA may be with a hospital, a lawyer, or a state registry. Once you know the purpose, you know which office or system to search.

Real Estate POAs in County Land Records

A power of attorney used in a real estate transaction is almost always recorded with the county recorder, clerk of court, or register of deeds in the county where the property is located. Recording puts the public on notice that the agent had authority to sign deeds, mortgages, or other instruments for the principal. Without that recording, a later buyer or lender could challenge whether the agent’s authority ever existed.

Search these records at the county recorder’s office in person or through the county’s online portal. Most counties maintain a grantor-grantee index, so you can search by the principal’s name (the grantor of authority) or by the agent’s name. You’ll usually need a name and an approximate date range. Many counties offer free online searches, though certified copies come with a small fee, often a few dollars per page. Recording fees, when a POA was originally filed, generally run from $10 to $90 depending on the jurisdiction.

Only POAs connected to real property transactions typically appear here. A POA granting authority over bank accounts or medical decisions won’t show up in land records unless someone chose to record it, which is uncommon.

Tax POAs and the IRS Centralized Authorization File

If someone was authorized to represent a taxpayer before the IRS, that authorization is almost certainly on the IRS Centralized Authorization File, known as the CAF. The CAF is the IRS database that stores power of attorney and tax information authorizations, and IRS employees use it to verify whether a representative can access a taxpayer’s information or act on their behalf.

The standard authorization form is IRS Form 2848, Power of Attorney and Declaration of Representative, which can be filed online, by fax, or by mail. Tax professionals using the IRS Tax Pro Account can have most authorizations recorded to the CAF right after the taxpayer approves the request, and they can view all their active authorizations from individuals and business entities through that same account.

If you are the taxpayer and want to know who currently holds your tax POA, contact the IRS or check your own IRS online account. Representatives can request a list of their recorded powers of attorney by following the instructions on the IRS FOIA guidelines page.

One exception: if Line 4 (“Specific Use”) was checked on Form 2848, the authorization is not recorded on the CAF at all. It goes to whichever IRS office is handling the specific matter, and locating it means contacting that office directly.

Financial POAs Held by Banks and Brokerages

Banks, brokerage firms, and other financial institutions generally require a POA to be filed with them before an agent can act on an account. They keep the document in the account holder’s file, not in any public registry. To find or verify a financial POA, start with the institution holding the accounts.

Expect some friction. Financial institutions have their own acceptance policies: many require notarization, specific language, or use of the institution’s own form, and some refuse to honor POAs that are more than a few years old even when the document is still legally valid. Confirming the institution’s requirements before you actually need to use the POA saves time later.

Healthcare POAs and State Advance Directive Registries

A healthcare POA, sometimes called a medical power of attorney or healthcare proxy, authorizes someone to make medical decisions when the principal cannot communicate. These documents are usually stored with the principal’s healthcare providers, in hospital records, or with the attorney who drafted them.

Several states also run advance directive registries: centralized databases where individuals can file their healthcare POAs, living wills, and other advance directives. Access rules vary. Some registries offer online portals where the registrant or authorized providers can retrieve documents with a name, file number, or access code. Others limit access to healthcare providers treating the patient.

If a principal’s medical providers don’t have the document, check whether the principal’s state operates a registry. The secretary of state’s office or state health department is the usual starting point. Not every state maintains one, registration is voluntary in the states that do, and the absence of a record does not mean no healthcare POA exists.

Veterans Affairs Representation Forms

The VA does not use standard powers of attorney. Instead, it has its own accreditation forms. A veteran authorizing a Veterans Service Organization files VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative. A veteran authorizing an individual attorney or claims agent files VA Form 21-22a. These forms function as the VA’s version of a POA and are kept on file by the VA. Claimant records are confidential, but disclosure is allowed to the veteran or a duly authorized representative under federal regulations.

The VA also runs a separate fiduciary program for veterans who cannot manage their own financial affairs. A VA-appointed fiduciary is not the same as an agent under a general POA, and those records live with the VA’s Fiduciary Program rather than in county or state filing systems.

Social Security: There Is No POA to Find

This is where searchers often get stuck. The Social Security Administration does not recognize power of attorney for managing benefits, and the Treasury Department does not recognize POA for negotiating federal payments, including Social Security checks. If you’re looking for a document that lets someone manage another person’s Social Security, you are not looking for a POA.

To handle another person’s benefits, an individual must apply through the SSA to become a representative payee. Being an agent under a POA, sharing a joint bank account with the beneficiary, or holding some other authorized-representative role does not substitute. Representative payee designations are maintained in SSA records, and the SSA is the office to contact.

Court Records

POA documents sometimes surface in litigation, particularly when someone challenges the agent’s authority or accuses the agent of misusing it. When a POA dispute has been filed in court, the document itself is often part of the court file and available through the court’s public records system.

Courts also become involved when someone petitions for judicial review of an agent’s conduct. Under the laws of most states, many of which follow the Uniform Power of Attorney Act adopted in some form by roughly half the states, interested parties can ask a court to interpret a POA’s scope, review the agent’s actions, or order a third party to accept a POA that has been refused. Any of these proceedings produce court records that include or reference the document.

Check the court’s online docket for the county where the principal lives or where the dispute arose. Many courts offer electronic access to civil case filings. If records are not online, visit the clerk of court’s office with the names of the parties involved.

The Drafting Attorney’s Files

If an attorney drafted the POA, that attorney likely kept a copy and possibly the original. Legal ethics rules in every state require attorneys to safeguard original documents of legal significance, including powers of attorney. Those originals generally cannot be destroyed no matter how much time has passed; the attorney must either retain them or return them to the client.

Contact the firm directly if you know who prepared the document. The principal, or the principal’s authorized representative, has the right to request the originals. If the attorney has retired or the firm has closed, the state bar association can sometimes help trace where client files were transferred, because a departing attorney is typically required to arrange for the preservation or return of client files.

Don’t know who drafted it? Ask family members or check the principal’s personal records for legal correspondence, billing statements, or retainer agreements that identify a firm.

Personal Storage and What to Do When Nothing Turns Up

Before giving up, talk to the people most likely to know where the original is. The principal, family members, the named agent, and the principal’s attorney, financial advisor, or accountant are the usual leads. Common storage spots are home safes, safe deposit boxes, filing cabinets, and attorney offices. Safe deposit boxes create a catch-22 when the POA itself is inside: the agent may need to show proof of authority to access the box. Some states have limited procedures allowing a search for estate planning documents in that situation, but the rules vary widely.

If the principal is alive but incapacitated and no valid POA can be produced, the usual remedy is petitioning a court for guardianship or conservatorship. This is more formal and more expensive than acting under a POA, because a court must hold a hearing, evaluate evidence of incapacity, and appoint a guardian with defined authority. When no POA exists or can be found, it is often the only route to legal authority over an incapacitated person’s affairs.

If a POA once existed and only a copy survives, some states let an agent present the copy with an affidavit explaining the circumstances. Others require a court order to validate a copy. Standards differ by state, and getting it wrong can mean personal liability for the agent or transactions that unravel later, so consulting a local attorney is worth the cost.

Confirming the Document Is Real and Still in Effect

Finding the paper is only half the work. A valid POA requires the principal’s signature and, in most states, notarization; many states also require one or two witnesses. Missing any of these can make the document unenforceable. Some states also require specific statutory language or formatting, so a POA from an unfamiliar state deserves a check against that state’s rules, though most states will honor an out-of-state POA properly executed under the law of its home state.

To verify the notarization, check whether the notary’s commission was active on the signing date. Most states let you look up notary commission status through the secretary of state’s website using the notary’s name and commission county. Historical records may be limited, with some states holding digital notary records only back to the 1990s, but an active commission on the execution date is strong evidence of authenticity.

Then confirm the POA has not ended. A POA terminates on the principal’s death, and a standard (non-durable) POA also ends when the principal becomes incapacitated; a durable POA is designed to survive incapacity. In many states, divorce or legal separation automatically ends a spouse-agent’s authority unless the document says otherwise. A POA created for a single transaction ends when that transaction is done, and some POAs carry a built-in expiration date. The principal can also revoke a POA at any time while they have capacity, and a revocation of a recorded real-estate POA should be recorded in the same county land records so that anyone searching sees it. A third party asked to rely on a POA is entitled to check with the principal, look for a recorded revocation, and request a written certification from the agent that the document remains in effect.