Affidavit of Validity of Power of Attorney

An affidavit is a sworn statement of a person who is taking a legal step and he has to make sign this statement by taking the oath or by affirmation (i.e. presenting in front of the notary public department). When we talk about the affidavit of validity of the power of attorney, it’s a sworn statement of the owner-in-fact who has transferred the rights of a property or any other thing to someone else and now he is signing the affidavit in order to make that transfer legal and authenticated.

Brief Description of the Affidavit of Validity of Power of Attorney:

You can understand the affidavit of validity of power of attorney by supposing that you have transferred the rights of your property to your realtor and now he has the legal rights on the property and he can sale or lease the property without your presence or consent. In order to make that power of attorney legal and authenticated, the new owner has to present a legal document in the court that shows that the original owner of the property has transferred the rights and signed the power of attorney with his consent and he made this decision intentionally. In order to do so, the original owner or owner-in-fact is required to sign this affidavit in front of the notary public clerk in the local notary department by either swearing that he is making this decision with his consent or just by presenting in front of the notary public clerk and signing the affidavit.

Essential Elements to include in the Affidavit of Validity of Power of Attorney:

  • Name of the owner-in-fact (the person who is the original owner of the property)
  • Name of the person who will be the new owner
  • Reference number of the power of attorney
  • Details of the power of attorney with legal rights and ownership of the new owner
  • Validation of the power of attorney (i.e. 3 months or 5 years etc)
  • Date when the power of attorney was made and signed
  • Written statement of the owner-in-fact about swearing that he is signing the affidavit with his consent
  • Signature of the notary public officer/clerk who was present at the time the owner-in-fact signed the affidavit
  • Date when the affidavit is signed with its reference number for record purposes

Importance and uses of the Affidavit of Validity of Power of Attorney:

This document is also very important in case the owner-in-fact is ill or supposed to die in a certain period of time and after his death, the power of attorney can be presented as illegal document so with the affidavit, the owner-in-fact states that he is alive while making this power of attorney and he is transferring the rights of that property or any other thing to someone else. When we talk about the uses of this affidavit, it is very common these days especially with the transfer of ownership of the real estate property for selling and leasing purposes. Property owners sign the power of attorney and affidavit in order to authorize their realtor to sale or lease the property in their absence.

Here is preview of a Free Sample Affidavit of Validity of Power of Attorney Form in Fillable PDF format,

affidavit of validity of power of attorney

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