¶ 
Other Documents
- There are documents you might consider creating at the same time as a Power of Attorney
- There are also documents that you might consider making after a Power of Attorney has been created
- Importance of retaining all relevant documents
¶ Documents For Consideration When Principal Signs A Power Of Attorney
Various documents might usefully be created at the same time as a Power of Attorney.
For example:-
- in California, §4503 speaks of a certificate issued by a lawyer recording the names of persons the principal prefers be excluded as petitioners and §4230 speak of records evidencing terms of any agreement entered by an agent that requires the agent to act
- in Texas, §751.201 and §751.203 provides for the creation of a Certificate of Durable Power of Attorney By Agent which seems intended to be issued when requested by a third party, however there may be purpose in having a §751.203 certificate executed when the Power of Attorney is signed by the principal, confirming matters like the mental competency of the principal (unless perhaps the Power of Attorney operates subject to a contingency, in which event such a certificate could not be executed until the contingency has occurred, see paragraph 4 of the certificate)
- in Florida, there may be purpose to creation of Affidavits by agents under §709.2119, which like the certificate in Texas referred to above, confirms the bona fides of the Power of Attorney with respect to matters like the principal being alive, the agent being duly authorized to act and similar
- In Illinois,§2-8 recognizes a certificate or Affidavit may be created by an agent verifying bona fides of a Power of Attorney and §2-10.3 recognizes that a successor agent may provide a certificate or Affidavit verifying bona fides of a Power of Attorney and there may be purpose in preparing these documents at the time that a Power of Attorney is signed by the principal
¶ Documents That May Come Into Existence After Creation Of A Power Of Attorney
Various documents might come into existence after the creation of a Power of Attorney.
Here are some examples:-
- declaration as to the occurrence of a contingency (see CA §4129, TX §751.201; §751.203, NY 5-1501B)
- amending instruments (see CA §4150)
- revocation records (see CA §4151, TX §751.131; §751.132, NY §5-1504;§5-1511)
- records evidencing renouncement of appointment (see PA §5603)
- records evidencing removal of an agent (see CA §4152)
- records evidencing appointment of a sub-agent (see CA §4205, TX §751.023, PA §5602(b))
- records evidencing designation of successor agents by a protector (see CA §4203, TX §751.023, IL §2-10.3, PA §5602)
- resignation records (see CA §4207, NY §5-1505; §5-1511)
- records evidencing an agreement to act (see CA §4230)
- Affidavits (FL §709.2119)
- Certificates (IL §2-8)
- Acknowledgements (PA §5601)
¶ Importance Of Retaining All Relevant Documents
Comprehensive record-keeping and access to all records pertaining to a Power of Attorney is fundamental to its operation.
Unless any interested person (i.e. an agent or third party) can for example, access records establishing who is appointed or not appointed as an agent at any point in time, there are considerable risks.
Ideally, a ‘shared database’ of relevant records, including records of appointments, resignations, renouncements and similar would be accessible at all times.
Of course, relevant records are not limited to records pertaining to appointment.
All documents coming into existence at any time that relate to a Power of Attorney would ideally be stored in one location and access to those records facilitated as appropriate.