APower of Attorney form (POA) is a legal document that authorizes a person to act as a representative for either an individual or organization.
AnAGENTorATTORNEY-IN-FACT named in a POA is a legal representative that can generally perform any acts the individual or entity can perform, subject to the authority granted.
It is always a good idea to name one or more successor agents in case that the person you name as the agent could be unable to act or unavailable when the time comes.
The power granted by a POA may be limited or general (you choose who will act and define their authority and its limits.)
A POA is valid in all states and can give one or more persons the power to act on your behalf in a variety of situations.
The rules and requirements of a Power of Attorney differ from state to state, but it is accepted in all 50 states.
The POA may give permanent or temporary authority to a person to act on someone’s else behalf.
POA's can be limited to particular activity (sell property or automobile on your behalf, closing the sale of your house) or general in its application.
The person you trust to act as an attorney-in-fact must be over the age of 18 years oldandmentally capable. No special qualifications are necessary.
The most important trait of a potential attorney-in-fact/agent is INTEGRITY. Choose someone you can TRUST.
Although there are no special qualifications necessary for a person to act as an agent, being an emotionally stable adult and in a good state of mind is crucial.
If John Smith appoints his wife, Carol Smith, as his agent in a written power of attorney. Carol, the agent, sign as: John Smith, by Carol Smith under P.O.A. or Carol Smith, attorney-in-fact for John Smith.
If you have moved to another state, a POA that is valid when you sign it will remain valid until you die or the document is revoked.
Durable: The durable power may take effect immediately. In most states a durable POA is a continuous, permanent authority to act on your behalf and is valid until you die or revoke the document.
Springing: Its temporary and the springing power may take effect only upon the occurrence of a future event, usually a determination that the individual is unable to act for himself due to mental or physical disability.
Health and Welfare:
Property and Financial Affairs:
As we get older it becomes increasingly difficult to handle our affairs as we used to. Even as we are able to manage our own personal affairs and have a certain degree of independence like living on our own, it is important to have a trusthworty person to handle our financial and legal affairs.
BELOW PLEASE FIND A FREE P.O.A. SAMPLE DOCUMENT THAT YOU CAN USE AS AN EXAMPLE.
It is always a good idea to consult with an attorney before using these types of letters. These documents can have legal, financial, or other implications.
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that I, ______________________________ (donor or principal - person giving power of attorney), residing at ________________ _________________________ (address), being of sound mind and legal capacity, do hereby make and appoint ______________________(agent, donee or attorney in fact - person receiving power), of ________________________ (address), my true and lawful attorney-in-fact (agent), to act in my name and place, and for my use and benefit to do on my behalf anything that I can lawfully do by an attorney. Including:
Authorize payment of bills; Run my business; Buy, manage and sell property; Control my investments; Prepare and file my taxes; Conduct banking transactions; Enter safety deposit boxes; Handle legal claims; Handle government issues; Make gifts; Make financial and estate planning decisions; Collect Social Security and other benefits; Settle claims; Employ professional assistance; Make transfers to revocable living trusts; and Collect debts.
This document shall be effective on the date of ________________________, 20___. And shall not be affected by my disability or mental incompetency, except as may be provided otherwise by an applicable state statute governed by the laws of the state of ______________________.
In Witness Whereof, I have signed this Power of Attorney of my own free will.
_______________________________________ Principal's Signature
Agreed to and Accepted by:
_______________________________________ Agent's Signature
Agreed to and Accepted by:
_______________________________________ Alternative Agent's Signature
Subscribed and sworn to before me on this _____ day of _____________, 20____.
________________________________________ Notary's Signature
My commission expires: ____/____/_______.
Don't forget to get the final documents NOTARIZED. Places and establishments that can do that for you are: banks, the post office or a local government office.
A written notice of revocation to your agent (the person named to act for you) is necessary to REVOKE a POA in most states.
NOTE: The law is constantly changing. In order to make sure the information found on this website will accurately reflect the specifics of your legal case and comply with the laws in your state, consult a licensed attorney near you who can advise and assist on the preparation of all or any customized legal documents you may need.
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