Power of attorney forms to download free
In that case, you have to indicate the state where the form is being notarized and ensure that the notary signs the form. After undertaking all the above steps, send a copy of the signed and dated special power of attorney form to the person you have appointed. You should also keep a copy of the form for safe keeping and for future references. It is important to note that special power of attorney requirements can vary from state to state.
Therefore, it is better to include the signature of two witnesses even if your state does not require it. This will make it possible for your agent to act on your behalf in any other state.
Also note that some states do treat all specific power of attorney as durable except there is a clear specific language defining it. Therefore, it is advisable to specify whether it is durable or not to cover all laws of each state. The general power of attorney is vast and it gives broad authority to the agent. The agent will be empowered to make wide range of decisions on behalf of the principal.
It could be medical decision, financial or business decisions and even legal choices. On the other hand, a special power of attorney narrows the authority of the agent. Here, the agent is only involved in specific acts as set up by the principal. In fact, the special power of attorney allows the agent to be more specific. A power of attorney document can only be signed whilst a person has full mental capacity. And in order for the document to stay valid even after the person becomes mentally incapacitated, it must explicitly state that it is an enduring power of attorney.
So if that enduring POA is not in place, then the court must be petitioned to appoint a guardian or conservator or even a curator to handle the affairs of someone who is incapacitated. Visit our page on Adult Guardianship where we discuss in detail the differences of these terms and when and how guardianship orders can be obtained.
This document empowers your Agent to make decisions on your behalf as far as your personal- and medical care is concerned, when you become incapacitated.
For this purpose it must be a durable medical power of attorney. A Living Will specifies which treatments you wish to receive or not receive in a medical crisis. The Agent appointed in your health care power of attorney will make decisions according to your wishes in your living will. You can combine your Living Will and medical power of attorney into one document. If you have a separate Living Will, it is important for your Agent to have a copy of it to know your wishes.
People who are not allowed to serve as your health care Agent are: people who are paid by you to provide services such as your doctor, therapist, home attendant, landlord etc. A Medical Power of Attorney is not filed with any government institution.
You should give copies to the appointed person and your family members and if applicable, your physicion and health care workers.
If you enter a medical or other care facility you should also let them add a copy to your records. We advise against making an irrevocable power of attorney. A durable power of attorney is as effective, but should you change your mind it can be revoked. Have the revocation notarized by a notary public and give copies thereof to your Agent and any third party - bank, deeds office etc.
This means that your agent cannot handle these critical and sensitive affairs unless you initiate them here:. Underneath, you can also include special instructions. For example, you can explain how you want to limit the power you are giving to your agent. If a power of attorney is non-durable, you can also nominate a guardian in advance to handle your affairs if you become incapacitated. This step is unnecessary if a power of attorney is durable. Make sure to check the complete signing requirements for your state.
Power of attorney is the legal authority to make important legal decisions on behalf of another person. The abbreviation POA is also commonly used. The following are the different types of power of attorney :. Make sure to get a power of attorney form for your state. By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. Notary Public. Principal Only. Notary Public and 1 Witness.
Notary Public or 1 Witness. Notary Public or 2 Witnesses. Notary Public and 2 Witnesses. Notary Public and 2 Witness. Principal and Representative.
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