Legal Question in Real Estate Law in California

lost my power of attorney. doc.

I have lost the document work showing that I have power of attorney for a friend that can not be reached and I need to rent out his house. The notary only has a log of when it was sined not a copy of the documentit self. what do I do ?


Asked on 10/10/01, 7:44 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: lost my power of attorney. doc.

I do not know of any such situation and I could not find any case on this situation. However, California's Civil Code provides, at section 3415, a rather broad provision for replacement of lost or destroyed private documents, and the Probate Code, which covers powers of attorney, has some provisions (at sections 4540-4545) for petitioning a court for determining whether a power of attorney is in effect. Taken together, these provisions may empower a court to reconstruct and reissue your documents. It would be preferable to retrieve the text from the word processor or files of the attorney who prepared it in the first place, even if it lacks signatures. You did use an attorney, didn't you?

I'm not sure a court will go this far; you may be able to get some lesser relief such as an order allowing you to do some single specific act such as renting the property. The judge might also decide that if you are so careless you are unfit for the responsibilities of an attorney in fact and thus refuse to assist you.

Read more
Answered on 11/22/01, 4:10 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in California