The Statutory Durable Power of Attorney ("DPOA") form and law were updated in the 2017 Regular Session of the Legislature. This bulletin discusses the related form created by the new laws entitled, "Certification of Durable Power of Attorney by Agent" (Certification). Please note that the word "Agent" in the name of the form refers to the person acting on behalf of the
Principal (the Maker of the DPOA).
NITIC Requires a Certification
You must obtain a "Certification of Durable Power of Attorney by Agent" for every DPOA used in a real estate closing, in accordance with NITIC underwriting guidelines and in the form described in the statute. This Certification is mandatory in every transaction NITIC insures, even though it is optional under the new law.
NITIC Does Not Require Recording of Certification
NITIC does not require recording of the Certification. The new laws do not require recording; NITIC only requires that the title agent keep a copy of the completed Certification.
The original may be recorded at the discretion of the title agent. Note that if the Certification is recorded, a copy of the POA must be attached as an exhibit.
A New Certification Required for Every Transaction
A new Certification is required every time a DPOA is used, even if a Certification was completed for a prior transaction that relied on the same DPOA.