Power of Attorney: What It Is and How It Applies to Records
A power of attorney is a legal document that gives someone, called the agent, authority to make decisions about another person's money or property. The person who makes the document and grants the authority is the principal. The Consumer Financial Protection Bureau also notes that an agent is sometimes called an attorney-in-fact.
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Types and limits
In some states the document is called a durable power of attorney, according to the same federal guide. What an agent can do depends on what the document says and on state law.
Power of attorney and vital records
Vital records offices have their own rules about who may order a certified copy. Minnesota, for example, accepts a health care agent holding a valid health care power of attorney for birth certificates, and lets any eligible requester name an authorized representative with a signed statement.
Other offices may require a specific form or a particular type of authorization. Ask the issuing office before relying on a power of attorney.
Frequently asked questions
Is a power of attorney the same as a guardianship?
No. A power of attorney is set up by the principal. A guardianship is created by a court for someone who cannot make decisions.
Does a power of attorney let anyone order any record?
Not automatically. The issuing office decides what authorization it accepts.
Do I need a lawyer to make one?
This page is not legal advice. Ask a lawyer or your state's resources about the form required in your state.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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