Recording power of attorney
Sec. 3. (a) Except as provided in subsection (b), an attorney in fact
may act under a power of attorney without recording the power of
attorney with the county recorder.
(b) An attorney in fact shall record the power of attorney
authorizing the execution of a document that must be recorded before
presenting the document for recording.
(c) A county recorder may not accept a document for recording if
the document:
(1) was executed; and
(2) is presented;
by an attorney in fact whose power of attorney is unrecorded.
(d) A document creating a power of attorney must comply with
recording requirements, including notary and preparation statements,
to be recorded under this section.
(e) A document that is presented by an attorney in fact for
recording must reference the book and page or instrument number
where the instrument creating the power of attorney is recorded
before the document may be presented by the attorney in fact.
As added by P.L.149-1991, SEC.2.
Last modified: May 27, 2006