To get a copy of a power of attorney, you generally have four places to try: the principal who created it, the attorney who drafted it, the county recorder’s office if the document was recorded for a real estate transaction, or a bank or brokerage that received a copy when the agent used it. Which of those paths works depends on who you are, what you can prove, and whether the principal is still able to authorize the release.
Where the Document Is Usually Kept
Most principals keep the signed original at home in a fireproof safe or filing cabinet, or in a bank safe deposit box. A safe deposit box creates a problem if you’re the agent and don’t already have box access: the bank won’t hand over the contents on the strength of a document that is itself locked inside, and getting in may require a court order.
The drafting attorney almost always retains a copy in the client file. Law firms hold those files for a set number of years under their retention policies and can release copies to the principal or a properly authorized agent. If the principal worked with a lawyer but you don’t know which one, look through old correspondence and billing records, or ask the local bar association’s referral service.
A POA used for real estate is often recorded with the county clerk or recorder to put the public on notice of the agent’s authority. Once it’s recorded, the document is a public record, and anyone can request a certified copy by visiting the office in person or sending a written request. Fees vary by county but usually run a few dollars per page, sometimes with a flat certification fee added.
Financial institutions that received the POA when the agent opened accounts or ran transactions typically keep it on file too. Banks and brokerage firms will generally provide a copy, but only with the same proof of identity and authority you’d need anywhere else.
Who Is Allowed To Request a Copy
Access is restricted to protect the principal’s privacy. In practice, the people who can obtain a copy are:
- The principal, who has an unrestricted right to their own document and can share it with anyone.
- The named agent, who needs the document to prove authority to banks, title companies, and government agencies.
- A court-appointed guardian or conservator managing the affairs of an incapacitated principal.
- The drafting attorney, who can release copies from the client file to the principal or an authorized agent.
Family members who aren’t named as agents generally cannot access the document without the principal’s consent. If the principal is incapacitated and no agent is available or willing to serve, a family member’s route runs through the courts, either by petitioning for guardianship or conservatorship or by asking for a court order directing the holder to release a copy.
What You Need To Make the Request
Expect to show government-issued photo identification along with some proof that you have the right to the document. For a named agent, that proof is usually the POA itself, which is the awkward part: you generally need at least one copy or the original in hand to get more copies from third parties.
At a county recorder’s office, you’ll fill out a request form identifying the document by the principal’s name, the recording date, or the instrument number, and pay a per-page fee for certified copies. Because recording makes the document public, you don’t have to prove a relationship to the principal to get one.
Requesting from the drafting attorney is usually simpler. The lawyer already knows the principal and can verify your identity and authority with less formality; a phone call or email from the principal authorizing the release is often enough.
If the principal is incapacitated, plan on producing court documentation: a guardianship order, a conservatorship appointment, or a specific court order granting access. Some jurisdictions will accept a notarized affidavit from the requester describing the circumstances, but a court order carries far more weight with a reluctant institution.
Photocopy, Original, or Certified Copy
The version you carry matters. Financial institutions, title companies, and government agencies each have their own standards, and showing up with the wrong one can cost you days or weeks.
The original is the signed, notarized document. Some institutions insist on seeing it, though most will return it after making their own copy. If you have to mail an original, use registered mail with proof of delivery rather than certified mail, and be explicit that you want the original returned.
A plain photocopy is the least authoritative version and the most likely to be rejected on high-value transactions. Many banks and brokerages will still accept one if the agent signs an indemnification agreement taking responsibility for the document’s validity.
A certified copy is a photocopy that a notary, attorney, or government official has certified as a true and accurate reproduction of the original. Certified copies carry far more weight than plain photocopies, and when the POA has been recorded with a county office, a certified copy from that office is essentially as good as the original for most purposes.
One piece of practical advice: make multiple certified copies when the POA is first created. Attorneys who draft these documents often recommend keeping at least three originals or certified copies on hand, because you may need to present them to several institutions at the same time.
Getting a Copy of a Healthcare Power of Attorney
A healthcare POA follows different rules than a financial one because of federal privacy law. Under HIPAA, a person who holds healthcare decision-making authority for an adult qualifies as a “personal representative” and must be treated as the patient for purposes of accessing medical records.1eCFR. 45 CFR 164.502 – Uses and Disclosures of Protected Health Information Hospitals, doctors’ offices, and insurers must give you the same access to the principal’s health information that the principal would have, as long as the information is relevant to your role.
The U.S. Department of Health and Human Services describes the personal representative as someone who “stands in the shoes of the individual” and can exercise the individual’s rights, including requesting an accounting of disclosures and accessing protected health information.2HHS.gov. Personal Representatives This applies whether you hold a healthcare-specific POA or a general durable POA that includes healthcare decision-making authority.
There is one exception. A provider can refuse to treat you as the personal representative if they reasonably believe the principal has been abused or neglected by you, or that recognizing your authority could endanger the patient.1eCFR. 45 CFR 164.502 – Uses and Disclosures of Protected Health Information Outside that narrow situation, a provider cannot refuse access simply because they haven’t seen the document before or don’t like its format.
Confirming the Copy You Get Is Still Valid
A copy in your hand isn’t worth much if the underlying document is no longer in force. Before relying on it, check a few things.
Start with the basics: the principal’s signature, the date, and whether the document was notarized. Most states require notarization, and many also require one or two witnesses. Requirements vary. Some states accept notarization alone; others mandate witnesses in addition to notarization for certain POA types. A document that lacks the required formalities for the state where it was executed may not be enforceable.
Next, determine whether the POA is durable. A standard power of attorney automatically terminates when the principal becomes incapacitated. A durable power of attorney remains effective through the principal’s incapacity, which is usually the whole point. Look for specific language indicating durability, typically a statement that the POA is not affected by the principal’s subsequent disability or incapacity.
Also check whether the POA is “springing,” meaning it only takes effect upon a specific event, usually the principal’s incapacity. A springing POA has no legal force until that trigger occurs, and you may need a physician’s certification or other proof that the condition has been met.
A POA terminates when the principal dies, when the principal revokes it, or when a court invalidates it. If the document was recorded with a county office, check whether a revocation was also recorded there. For unrecorded POAs there is no centralized database, so you may have to contact the principal directly or rely on a signed affidavit from someone with knowledge of the principal’s circumstances confirming that the POA has not been revoked.