Power of Attorney

Updated Mar 27, 2025 Comments (1) Downloads (3)
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A power of attorney is a document that allows someone to choose another person to make legal decisions on their behalf.

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Power of Attorney

This Power of Attorney (hereinafter referred to as the "Agreement") is made and entered into on .

Parties

Principal

Name:
Address:
Phone:
Email:

Agent (Attorney-in-Fact)

Name:
Address:
Phone:
Email:

Type of Power of Attorney

Effective Date

Powers Granted

I, _______________, the Principal, grant my Agent the power and authority to act for me in the following matters. My Agent shall have the authority to make all decisions and take all actions regarding these matters:

Compensation and Reimbursement

Accounting

Governing Law

This Power of Attorney is governed by the state laws of .

Acceptance by Agent

By signing below, I acknowledge that I accept the appointment as Agent for the Principal. I understand my duties and responsibilities as Agent and agree to act in accordance with this document and applicable law.

Signatures

Principal

I, _______________, the Principal, sign my name to this Power of Attorney this , and being first duly sworn, do declare to the undersigned authority that I sign and execute this instrument as my Power of Attorney, that I sign it willingly, that I execute it as my free and voluntary act for the purposes expressed, and that I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.

Principal Signature: ______________________________
Print Name: _______________

Agent

I, _______________, have read the foregoing Power of Attorney and am the person identified as the Agent. I hereby acknowledge that I accept the appointment as Agent for the Principal.

Agent Signature: ______________________________
Print Name: _______________
Date:

IMPORTANT INFORMATION FOR AGENT

Agent's Duties

As Agent under this Power of Attorney, you have a fiduciary relationship with the Principal. This means that you are obligated to:

1. Act solely in the best interest of the Principal
2. Keep the Principal's property separate from your own
3. Act with care, competence, and diligence
4. Keep accurate records of all transactions
5. Act loyally for the Principal's benefit
6. Avoid conflicts of interest
7. Cooperate with any person legally authorized to make healthcare decisions for the Principal

Termination of Agent's Authority

Your authority under this Power of Attorney terminates when:
1. The Principal dies
2. The Principal revokes the Power of Attorney
3. The Power of Attorney expires by its terms
4. The purpose of the Power of Attorney is accomplished
5. A court determines that the Principal is incompetent (if required by state law for durable powers)
6. You resign or become incapacitated (and there is no Successor Agent named)

By acting as Agent under this Power of Attorney, you are accepting significant legal responsibilities. If you have any questions about these responsibilities, you should seek legal advice.

What is a Power of Attorney?

Used to legally authorize an individual (the agent or attorney-in-fact) the authority to act on behalf of another person in various matters, typically involving financial or legal decisions. Often, a client will sign a power of attorney over to their lawyer to let them sign documents on their behalf. A POA may be terminated under specific circumstances outlined in the document or governed by local laws.

  • Scope of Authority - Defines the specific actions or decisions the agent is authorized to make on behalf of the principal.
  • Durable vs. Non-Durable - Determines whether the POA remains valid if the principal becomes incapacitated.
  • Termination Conditions - Specifies when the POA ends (e.g., upon revocation, death, or the principal’s regained capacity).

How to Get a Power of Attorney

  1. Determine the type of Power of Attorney (POA) needed—medical, financial, durable, or limited—based on specific circumstances and requirements.
  2. Obtain the appropriate legal form from an attorney, legal aid organization, state agency website, or reputable online legal service.
  3. Complete the form with specific details about the powers granted, limitations, and the designated agent (attorney-in-fact).
  4. Ensure the principal (person granting authority) signs the document while mentally competent.
  5. Have the signature notarized, as required in most jurisdictions; some states also require witnesses to the signing.
  6. File the document with the appropriate county office if required by state law, particularly for POAs involving real estate transactions.
  7. Distribute copies to all relevant parties, including the designated agent, financial institutions, healthcare providers, and family members.

FAQs

The Principal: The person who created the POA can revoke it at any time as long as they remain mentally competent.

Courts: Judicial authorities have the power to override, modify, or terminate a POA if:

  • Evidence shows the agent is acting improperly.
  • The agent is abusing their authority.
  • The principal has become incapacitated and the POA arrangement is causing harm.

Healthcare Professionals: Medical providers may temporarily override healthcare POAs in emergency situations.

Family Members: In some jurisdictions, relatives can petition courts to invalidate a POA if they can demonstrate:

  • Agent misconduct.
  • The principal was incompetent when creating the document.
  • The principal was under undue influence when creating the document.

A durable power of attorney remains effective even if that person becomes mentally incapacitated. Unlike standard powers of attorney, which terminate upon incapacitation, the durable designation ensures continuity of decision-making authority through periods of the principal's incompetence.

The 4 Types of Power of Attorney

General: Grants broad authority to the agent to handle nearly all legal and financial matters on the principal's behalf. This type becomes invalid if the principal becomes incapacitated unless specifically made durable.

Limited (or Special): Restricts the agent's authority to specific tasks, transactions, or time periods. For example, it might only authorize the agent to sell a particular piece of property or manage affairs while the principal is traveling abroad.

Durable: Remains in effect even if the principal becomes mentally incapacitated. This type specifically includes language stating it "survives incapacity" and is particularly important for long-term planning and elder care situations.

Medical (or Healthcare): Specifically authorizes the agent to make healthcare decisions on the principal's behalf if they become unable to communicate their wishes. This is often accompanied by an advance healthcare directive or living will that outlines the principal's medical preferences.

Discussion

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Caroline Brin

2 weeks ago

Very straightforward and easy to use. It covered all the key areas and made assigning power of attorney much simpler. Definitely a helpful template—thanks!

Comments and opinions expressed by users on this website are for informational purposes only and do not constitute legal advice. They reflect the personal views of the commenters and should not be relied upon as a substitute for professional legal counsel. Always consult a qualified attorney for advice specific to your situation.

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