Informal Opinion No.

Stephen J. Wing, Esq. County Attorney, Dutchess

Your office has requested an Attorney General's opinion as to whether a county clerk can require that a power of attorney instrument be filed or recorded together with another instrument which was executed pursuant to that power of attorney.

The inquiry states that the Dutchess County Clerk received for filing a limited partnership agreement signed by an attorney in fact, apparently by authority of a power of attorney. A copy of the power accompanied the document, but was not offered for recording. Where documents signed by attorneys in fact were…