Does a power of attorney for real estate have to be recorded?
Key takeaway
Whether a power of attorney for real estate must be recorded depends on the state. South Carolina and Nevada tie an agent's real estate authority to recording, while Kansas and Missouri generally do not require recording for validity. New Hampshire sets signing and acknowledgment requirements for a power of attorney that conveys real estate.
Recording required in South Carolina and Nevada
In South Carolina, after the principal's incapacity, an agent may exercise authority only if the power of attorney has been recorded like a deed. Recording may occur before or after incapacity.
A Nevada power of attorney that contains authority to convey real property must be recorded like other conveyances.
Nevada also addresses revocation. A recorded power of attorney to convey real property is not treated as revoked by the principal's act until the revocation is recorded in the same office.
Recording not required for validity in Kansas and Missouri
Kansas does not require a power of attorney to be recorded to be valid between the principal, the attorney in fact and third persons.
A Missouri durable power of attorney need not be recorded to bind the principal, the agent and third parties, except where recording is required for real estate transactions.
Signing and acknowledgment in New Hampshire
A New Hampshire power of attorney to convey real estate must be signed by the principal, or by an individual the principal directs and in the principal's conscious presence. It must also be acknowledged before a notary or another authorized officer.