A Power of Attorney (POA) is a legal document that grants one person the authority to act on behalf of another in legal, financial, or health-related matters. It serves to enable an appointed individual, known as the agent, to make decisions and take actions that are binding for the principal, the person who grants the power. This legal arrangement is essential to ensure that a trusted individual can handle affairs if the principal becomes unable to do so due to illness or absence.
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This form is ideal for individuals who want to appoint a trusted friend, family member, or professional advisor to manage their affairs in case they become incapacitated or unable to make decisions. It is especially relevant for:
A comprehensive Power of Attorney form generally includes the following components:
The Power of Attorney is widely used in various legal contexts, providing essential authority for decisions regarding finance, healthcare, and legal matters. The designated agent may handle bill payments, sign documents, and make healthcare decisions on behalf of the principal. Each state has specific laws regarding the execution and use of a POA, so it's important to understand those regulations to ensure its validity.
When completing a Power of Attorney form, be mindful of the following mistakes:
In addition to the Power of Attorney form, consider having the following documents ready:
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A power of attorney needs to be signed in front of a licensed notary public in order to be legally binding. The notary public is a representative of the state government, and their job is to verify the identity of the signer, ensure they are signing under their own free will, and witness the signing.
Choose an attorney to act on your behalf. In the Power of Attorney forms, you'll be asked to give details of the attorneys you wish to appoint and the capacity in which you want them to act (jointly or 'jointly and severally'). Being able to act severally means each attorney can use the Power of Attorney independently.
As there are no prescribed forms that exist in our law when drafting a Power of Attorney, this document should be drawn up with the utmost care and diligence to protect both principle and agent. The intention of the principle is tantamount to the core of the document.
If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.
Do I need a solicitor? You don't have to use a solicitor to create an LPA. The application forms from the Office of the Public Guardian (OPG) contain guidance to help you fill them out. Alternatively, you can fill them in online and phone the OPG helpline if you have any issues or concerns.