LetterAgent

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Home > Guides > Mailing a power of attorney

How do I mail a power of attorney document?

Mail the signed original or a certified copy by registered or certified mail, and keep a plain copy for yourself. Many banks and county recording offices reject plain photocopies and want the original with wet-ink signatures and notarization. A printed copy from a mailing service like LetterAgent is usually not enough for this kind of document, so mail the real one yourself. This is general information, not legal advice.

RecipientWhat they usually acceptWhy
Banks and brokeragesOriginal, or their own POA formThey verify signatures against their records and often reject outside forms
County recorder (real estate use)Original, sometimes a certified copyIt goes into the public land records
Family members and agentsCertified or plain copiesThey need to know what authority was granted
Your own filesPlain copySo you know exactly what went out

Will a photocopy be accepted?

Sometimes, but do not assume so. A photocopy of a power of attorney is fine for informational purposes: showing a family member what the document says, or giving an agent something to reference. It is often not fine where the document will be relied on legally. Banks are the strictest audience: many require the original with wet-ink signatures, and some refuse even valid originals in favor of their own institution-specific power of attorney form. County recorders, where the POA authorizes a real estate transaction, generally want the original too, since the document becomes part of the permanent land record. When in doubt, call the recipient first and ask what they require. Mailing a copy, having it rejected, and starting over costs weeks.

What makes a power of attorney valid in the first place?

The mailing is secondary; the execution is what counts. Requirements vary by jurisdiction, but the common pattern is: the principal signs in front of witnesses, a notary, or both, while mentally competent. Some states require specific statutory language or a particular form to be used. A document that was never properly witnessed or notarized does not become valid by being mailed nicely. One detail people miss: a power of attorney ends when the principal dies (or becomes incapacitated, unless it is a durable POA). Mailing a POA after the principal's death does not extend its authority, no matter how the document is packaged.

Why do banks reject some POAs?

Banks reject powers of attorney often enough that elder-law attorneys warn clients about it in advance. The usual reasons: the document is old (a POA signed fifteen years ago makes a bank nervous), it is not the bank's own form, the signatures do not match the bank's records, or the bank cannot reach the principal to confirm the document is still in force. The practical fix is to ask the bank, before any crisis, whether it will accept your POA and whether it wants you to also sign the bank's own form. Doing that paperwork while everyone is healthy takes an afternoon. Doing it from a hospital waiting room does not.

How should I package it for mailing?

Use a rigid flat envelope so the document cannot be folded or creased; some recording offices reject documents with fold lines through the signature area. Include a short cover letter stating who you are, what the enclosed document is, and what you are asking the recipient to do with it. Send it registered or certified so you have proof of delivery, and keep the tracking receipt with your copy of the document. If you are mailing internationally, check whether the destination country requires an apostille or consular legalization on top of the notarization: a US-notarized POA is not automatically valid abroad.

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