How to Check Who Has Legal Authority to Act for Someone Else

When an individual is granted the authority to make decisions on behalf of a minor or adult, chances are that certain parties in different circumstances may verify that power in public records to protect against fraud, ensure smooth transactions, and avoid costly legal delays. For instance, banks may require proof before honoring a financial transaction, title companies may check for authorization in a real estate closing, and healthcare providers may ask for documentation before sharing records or accepting medical decisions. Caregivers and family members, too, often need clarity about who is legally in charge. Therefore, knowing where to look and what documents to request becomes important.

The way to verify the identity of the authorized individual and the scope of authority is through official, public sources. Court-appointed arrangements such as guardianships and conservatorships are documented in probate or family court dockets, with certified letters available from the clerk’s office.

For power of attorney (POA) documents, the county recorder’s office holds the original filings or certified copies, showing execution dates, the scope of authority, and any revocations. Accessing these public sources, whether through an online portal or an in-person visit, ensures you are working from the most current information.

Guardianship vs. Conservatorship vs. POA 

Guardianship, conservatorship, and power of attorney (POA) are terms people confuse, since they all involve one person acting on behalf of another. However, they carry different meanings and processes.

A guardianship is created by a court and gives someone the legal right to make personal and medical decisions for another person (often a minor or an incapacitated adult who cannot make decisions alone). On the other hand, a conservatorship also requires a court order but focuses specifically on managing another person's finances, property, and business affairs.

A power of attorney (POA) works in a different way to a guardianship or conservatorship. Rather than going through the court, a POA is a private legal document, usually signed and notarized, where one person (the principal) authorizes another individual (the agent) to act on their behalf. POAs are only public if recorded for specific purposes, such as real estate transactions.

What’s Public and What Isn’t)

Court and recorders keep certain parts of the record accessible to the public but withhold sensitive details. The following information are generally public:

• Court dockets for guardianships and conservatorships: These show the case number, names of the parties, and key orders.
• Letters of guardianship or letters of conservatorship: These serve as proof of authority and can be requested in certified form from the court clerk.
• Recorded powers of attorney: If this document was used in a real estate or land records transaction and was filed with the county, it may be obtained from the county recorder's office.

The following information are typically restricted or not public:

• The complete text of a private power of attorney that was not recorded.
• Detailed medical or financial information about the protected person.

How to Verify a Court-Appointed Guardianship 

Since guardianships are created and supervised by a court, you can verify a court-appointed guardianship by searching the records of the court. The process of verifying a court-appointed guardianship generally follows these steps:

• Identify the correct court: Guardianships are handled at the county level, usually through the probate division. While some states have varying names (surrogate, orphan, or family court) for the court handling guardianships, many states generally have their probate courts or divisions handle guardianship matters. Start by locating the probate or surrogate court in the county where the protected person lives.
• Search the docket: Most courts keep a docket that lists guardianship filings by the protected person’s name. If online access is not available, you can request an index search at the clerk’s office for an appointment order.
• Check the letter of guardianship: The letter of guardianship is the official document issued by the court after the appointment of the guardian. Since this document usually has an expiration, you can confirm its current status and verify its validity by requesting a certified copy from the office of the clerk.

How to Verify a Conservatorship 

Similar to guardianships, conservatorships are court-supervised, meaning that you can also verify a conservatorship by searching court records. The process follows these steps:

• Locate the probate court: Conservatorships are usually handled by the same county probate or surrogate court that oversees guardianships. You should start with the court in the county where the protected person resides.
• Search by the protected person’s name: Court indexes and dockets are organized around the individual who is under conservatorship. To perform a search, enter the person’s name into the court’s online portal or visit the office of the clerk to submit a search request.
• Review the appointment order: The order of appointment reveals who the conservator is, the date of appointment, and the specific areas of authority granted.
• Obtain the letter of conservatorship: This letter is issued by the court upon the appointment of the conservator and contains the conservator’s name, the scope of financial authority, and may note any limitations. You may obtain a certified copy of this letter from the clerk’s office if formal proof is required.
• Confirm current status: Since conservators are reviewed, confirm with the clerk to ensure that the conservatorship is still active and the conservator remains authorized.

How to Verify a Power of Attorney (POA) Without a Court Case

Unlike guardianships and conservatorships, a power of attorney is not created by a court. Hence, you cannot verify a power of attorney without a court case via court portals or in-person visits to court clerks' offices.

However, you can verify a power of attorney without a court case by following these steps:

• Request to see the document: The simplest way to verify a POA is to ask the agent for the original or a notarized copy. In the document, you can find the principal’s name, the agent’s name, the scope of authority, and any effective dates or expiration terms.
• Check signatures and notarization: A valid POA generally includes the principal’s signature and a notary seal. If either element is missing, the document may not hold up when presented to banks, hospitals, or other third parties.
• Confirm whether it has been recorded: If the POA was used for a real estate transaction, it may have been filed in the county recorder or land records office where the property is located. In such a situation, you can conduct a search under the principal’s name, and certified copies are available from the recorder.
• Check for revocation or replacement: Since POAs can be revoked or replaced at any time by the principal, it is important to confirm that the document shown is the most recent. A later-dated POA or a formal revocation would cancel earlier ones.

In the United States, guardianships and conservatorships are always court-based. Therefore, details of such records will be part of a docket. Docket information, such as the appointment order and official letters of authority, are usually available through the county probate court.

Powers of attorney, by contrast, are private documents that can usually be confirmed only by reviewing the notarized paperwork itself or checking whether it has been recorded in the county land records for property-related matters.

While access to sensitive details may be restricted, the core records needed to verify authority are generally publicly available, and certified copies can be obtained when formal proof is required.