If the lawyer who did my aunts power of attorney is no longer practicing, where can I get a copy of it?

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If the lawyer who did my aunts power of attorney is no longer practicing, where can I get a copy of it?

Asked on October 12, 2011 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Lawyers may or may not keep a copy of the Power of Attorney executed by your  Aunt and a copy is not what you need anyway.  You need the original.  If you think that the attorney has the original then he or she should have it in your Aunt's file.  Generally speaking, an attorney has an obligation to keep a file for a certain amount of years after completion.  In New York it is 7 years.  Any original documents in the file - deed, Wills, etc., - should be returned to the client before the file is destroyed.  So seek out the attorney and find out.  Otherwise, your Aunt can execute a new one easily.  Good luck. 


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