Legal Question in Wills and Trusts in New Jersey

Re: Does POA need to be recorded in locality before use?

If the POA naming you is more recent than the one naming your mother, you will need to sign as the prior POA naming your mother was probably revoked by the more recent POA.

The title company will require that you record the Power of Attorney document in the County clerks office (not the town). You should do this well in advance of the closing.

Re: Does POA need to be recorded in locality before use?

I assume that your father is still alive. If the POA naming you as agent is earlier than the one naming your mother, and if her POA revokes earlier POAs, then she will have to sign documents as agent for your father. If your POA is later, then you would sign. Sometimes, title insurance agents will record the POA for you at the same time when they record the Deed. Check with the buyer's title insurance agent how they want to handle it.

NJ Office: 900 Haddon Avenue, Suite 412, Collingswood, NJ 08108. Tel.: 856-858-7775.

Re: Does POA need to be recorded in locality before use?

Either POA can be used. I suggest having the Buyer's attorney and title company review it before the closing. Most title companies do not require recording, but some do. If it needs to be recorded (and POS's for real estate should be recorded), it is in county, not the municipality.