Power of Attorney

What is a Power of Attorney?

When you need a little help making big decisions, a Power of Attorney form (also known as a POA) allows you to give legal permission to someone else to act on your behalf.

With a Power of Attorney, you can give someone the ability to:

·         Write checks

·         Sign official documents

·         Handle other legal matters on your behalf

Whether you’re going to be unavailable, or you want to prepare for unexpected illness or incapacity, create a Power of Attorney to make sure the right person makes decisions for you.

Use a Power of Attorney if:

·         You want to grant authority to someone to act on your behalf in your absence.

·         You want to grant authority to someone to act on your behalf in the event you become incapacitated.

·         You want to grant authority to someone to act on your behalf in specific situation.

Other names for a Power of Attorney:

POA, Letter of Attorney, Financial Power of Attorney, Durable Power of Attorney

Additional Power of Attorney facts, tips, and information:

You need a flexible document you can tailor to your needs. The customizable Power of Attorney form (POA) gives permission to another person or entity (your agent) to act on your behalf in legal matters. Your agent doesn't have to be a lawyer, and their power to make decisions is defined by you. A Power of Attorney can be General, granting broad powers over your affairs. Or it may be Special, allowing your agent power only over specific situations. You can also choose to make this a Durable POA, meaning that your agent's powers remain in effect if you become incompetent or incapable of handling your affairs.

Here's some information you'll need to create your own Power of Attorney:

Selecting your agents:

You’ll need to have an agent (a person acting on your behalf) who is at least eighteen years old. You may want for your agent to be a family member, a trusted, longtime friend or professional, such as your lawyer, doctor or accountant. You may grant power of attorney authority to more than one agent.

Before you start, discuss why you’re creating the Power of Attorney with the person you choose, how long you expect them to serve as your agents, and how much they’ll be paid, if anything. These terms will be included in your document, but having a conversation with your agents before creating the document can help prevent misunderstandings after they have been granted the Power of Attorney.

What you'll need:

You’ll need the addresses and phone numbers of your agents in order to complete the document. You may also want to review your existing wills, trusts, other power of attorney forms, deeds or financial documents (such as bank statements, stock or bond information), in order to make informed decisions when creating your Power of Attorney document.

Signing the document:

Lastly, to make it legal, you’ll need to have your Power of Attorney signed. Signing requirements vary from state to state -- we’ll tell you what you need to do once you’ve created your document. In some states, you’ll need to have the form signed by witnesses to your signature, or by a notary public, or by a notary public and witnesses. Note that you’ll need to have the addresses and phone numbers of the witnesses to the document, if any. Also, some notaries will charge a fee for signing, stamping or sealing a document. You must not sign the document until you have the required witnesses or notary present to observe your signature.

What if your POA agent doesn't follow your wishes?

A number of agent provisions are included in a Power of Attorney form. Agent provisions clarify issues related to how the agent handles your affairs including: misconduct, compensation, and accountings of the agent’s actions.

Updating and changing your Power of Attorney:

You can revoke a signed power of attorney at any time, regardless of the reason. For example, you may change your mind about the POA agent you selected. The revocation should be made in writing using a Revocation of Power of Attorney form, and you must provide notice to the agent under the Power of Attorney that you are revoking.

What is a Durable Power of Attorney?

Some states allow you to make your Power of Attorney document “durable.” A “durable” power of attorney is effective even if you become mentally incompetent, whereas a non-durable POA may no longer be valid in that event.

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