Power of Attorney Forms By State - Power Of Attorney For Healthcare
Taking care of your affairs, even when you cannot do it, is easy with our Power of Attorney forms. Why wait until the need arises for someone else to act in your place? You can appoint a trusted person to be your agent for financial, health, property or other matters when you cannot take care of things due to absence, illness, incompetence or incapacitation. Create a power of attorney today and save time, money and the other burdens that can arise later.
Sample Durable Power of Attorney. You must use the form for your State. For Illustration Purposes Only.
GENERAL DURABLE POWER OF ATTORNEY
THE POWERS YOU GRANT BELOW ARE EFFECTIVE
EVEN IF YOU BECOME DISABLED OR INCOMPETENT
CAUTION: THIS IS AN IMPORTANT DOCUMENT. IT GIVES THE PERSON WHOM YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY DURING YOUR LIFETIME, WHICH MAY INCLUDE POWERS TO MORTGAGE, SELL, OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THESE POWERS WILL EXIST EVEN IF YOU BECOME DISABLED OR INCOMPETENT. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS FOR YOU. YOU MAY EXECUTE A SEPARATE DOCUMENT FOR THAT PURPOSE. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.
KNOWN BY ALL PERSONS PRESENT, THAT:
I, _____________________________________ (complete Name of Principal), whose address is ______________________________________________________ (Street Address, City, State, Zip Code) "Principal", execute this General Durable Power of Attorney and do hereby make, constitute and appoint: ________________________________________ (Full Name of Agent), whose address is ________________________________________________ (Street Address, City, State, Zip Code) "Agent" or "Attorney-in Fact", as my attorney in fact TO ACT IN MY NAME, PLACE AND STEAD in any way which I myself could do as if I were personally present and to and to the extent that I am permitted by law to act through an agent, pursuant to the following provisions:
1. EFFECTIVENESS OF POWER OF ATTORNEY: This instrument is to be construed and interpreted as a general durable power of attorney effective immediately. This power of attorney shall not be affected by disability, incompetency, or incapacity of the Principal.
2. GRANT OF POWERS: I grant to my Agent full power and authorization to do everything necessary in exercising any of the powers herein granted by this power of attorney as fully as I might or could do if personally present. My agent shall have full power of substitution or revocation. I hereby ratify and confirm all that my Agent lawfully does or causes to be done by virtue of this power of attorney and the powers herein granted. My Agent shall have the power to exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereinafter acquire, relating to any person, matter, transaction or property, real or personal, tangible or intangible, now owned or hereafter acquired by me, including, without limitation, the following specifically enumerated powers:
(a) Powers of Collection and Payment:
(1) To forgive, request, demand, sue for, recover, collect, receive and hold all sums of money, accounts, annuities, bequests, bonds, certificates of deposit, checks, commercial paper, debts, deposits, devises, dividends, drafts, dues, insurance, interests, legacies, notes, pension, profit sharing, retirement, social security, stock certificates and other contractual benefits and proceeds, all documents of title, all property, real or personal, intangible or tangible, and property rights and demands whatsoever, liquidated or unliquidated, now or hereafter owned by, or due, owing, payable or belonging to, me or in which I have or may hereafter acquire an interest.
(2) To have, use, and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases receipts, or other sufficient discharges for the same.
(b) Property Matters:
(1) To acquire, purchase, exchange and sell, or grant options to sell, mortgage, pledge, lease, sell and convey real or personal property, tangible or intangible, or interests therein, on such terms and conditions as my Agent shall deem proper, with full authority to sign, endorse, execute and deliver any sales agreement, deed, bill of sale and all other instruments or documents pertaining to the sale of any of my real or personal property; and to enter into bonds, contracts, mortgages and deeds connected therewith.
(2) To sell, assign, transfer, convey, exchange, deed, mortgage, pledge, lease, let, license, demise, remise, quitclaim, bargain or otherwise dispose of any or all of my real estate, stocks, bonds, evidences of indebtedness and other securities and other personal tangible and intangible or mixed property, or any custody, possession, interest or right therein at public or private sale, upon such terms, consideration, and conditions as my said attorney shall deem advisable and to execute, acknowledge and deliver such instruments and writings of whatsoever kind and nature as may be necessary, convenient or proper in the premises.
(c) Management Powers: To maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with any real or personal property, tangible or intangible, or any interest therein that I now own or may hereafter acquire in my name and for my benefit, upon such terms and conditions as my Agent shall deem proper;
(d) Banking Powers: To make, receive and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations, and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted;
(e) Business Interests: To conduct or participate in any lawful business of whatever nature for me and in my name; to execute partnership agreements and amendments thereto; to incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate or dissolve any business; to elect or employ officers, directors and agents; to carry out the provisions of any agreement for the sale of any business interest or the stock therein; and to exercise voting rights with respect to stock, either in person or by proxy, and to exercise stock options;
(f) Safe Deposit Boxes: To have access at any time or times to any safe deposit box rented by me, wheresoever located, and to remove all or part of the contents thereof, and to surrender or relinquish said safe deposit box, and any institution in which any such safe deposit box may be located shall not incur any liability to me or my estate as a result of permitting my Agent to exercise this power;
(g) Power to Hold Property and Make Investments: The power to hold or acquire any property, real or personal, or securities, regardless of whether such property or securities are a so-called "Legal" investment, where such course is, in the said Agent's opinion, for my best interest;
(h) Power to Borrow: To borrow any sum or sums of money on such terms (including the power to borrow against the cash surrender value of any life insurance policy issued on my life), and with such security, whether real or personal property, as my Agent may think fit, and for that purpose to execute all promissory notes, bonds, mortgages, deeds of trust, security agreements, and other instruments which may be necessary or proper;
(i) Disclaimer: To exercise or release powers of appointment in whole or in part and to disclaim or renounce in whole or in part any interest that I might otherwise have as a joint owner, beneficiary, heir or otherwise and in exercising such discretion, my Agent may take into account such matters as shall include but shall not be limited to any reduction in estate or inheritance taxes on my estate, and the effect of such renunciation or disclaimer upon persons interested in my estate and persons who would receive the renounced or disclaimed property;
(j) Trusts: To transfer, assign and convey any property or interest in property, the legal or equitable title to which is in my name, to any trust of which I am the primary beneficiary during my lifetime and under the terms of which I expressly have the power to amend or revoke such trust, and to exercise any right of withdrawal of income and/or principal which I may have pursuant to the terms and conditions of such trust, whether such trust was created before or after the execution of this power of attorney;
(k) Power to Change Beneficiaries on Any Insurance Policies on my Life: To change the beneficiaries on any insurance policies on my life; provided, however, that neither such right and power, nor any other rights and powers, shall be exercisable with respect to any policies of life insurance which may at any time be owned by me on the life of my Agent herein named.
(l) Executing Government Vouchers. To execute vouchers in my behalf for any and all allowances, compensation and reimbursements properly payable to me by the Government of the United States or any agency or department thereof.
(m) Depositing Money and Other Property. To deposit in my attorney's or my name, or jointly in both our names, in any banking institution, funds or property, and to withdraw any part or all of my deposits at any time made by me in my behalf.
(n) Recovering Possession of Property. To eject, remove or relieve tenants or other persons from, and recover possession of, any property, real, personal or mixed in which I now or hereafter may have an interest.
(o) Litigation. To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against me.
(p) Tax Returns. To prepare and execute any tax returns, including, but not limited to, Federal income tax returns, State income tax returns, Social Security tax returns, and Federal and State information and estimated returns; to execute any claims for refund, protests, applications for abatement, petitions to the United States Board of Tax Appeals or any other Board or Court, Federal or State, consents and waivers to determination and assessment of taxes and consents and waivers agreeing to a later determination and assessment of taxes than is provided by statute of limitations; to receive and endorse and collect any checks in settlement of any refund of taxes; to examine and to request and receive copies of any tax returns, reports and other information from the United States Treasury Department or any other taxing authority, Federal or State, in connection with any of the foregoing matters.
(q) Automobiles. To execute and deliver to the proper persons and authority any and all documents, instruments and papers necessary to effect proper registration of any automobile in which I now or may hereafter have an interest, or the sale thereof and transfer of legal title thereto as required by law, and to collect and receipt for all monies paid in consideration of such sale and transfer.
3. MISCELLANEOUS: I grant to the Agent named herein the following additional powers of authority:
(a) In the event any agent named herein should be of the opinion at any time that she or he does not have the expertise to manage all or any part of my assets, I grant to said Agent the right and power to delegate the management powers hereinabove granted over all or any part of my assets to any person(s) or firm(s), and to enter into any management or agency agreements with said person(s) or firm(s), pertaining thereto, with the right on the part of the Agent named herein to revoke and cancel any such agreement at any time upon ninety (90) days' written notice to said person(s) or firm(s).
(b) I grant full and absolute authority to the Agent named herein, on a noncumulative, yearly basis, to make gifts to my children, in trust or otherwise, as well as to their spouses, and to their children, in trust or otherwise, with the amount of gifts to each such person each year not to exceed that amount which is excludable from the total amount of gifts made during such year under Section 2503(b) Internal Revenue Code of 1986, as amended from time to time.
(c) I further authorize and empower the Agent named herein to use and apply so much of the income and principal of the assets comprising my estate as may be necessary or desirable, in the sole discretion of said Agent, for my maintenance and support. Any provision herein to the contrary notwithstanding, the Agent shall have no power or authority to use or apply the principal to discharge any legal obligation that the agent or any other person may have to support me or any dependent or beneficiary or mine, except to the extent that there are no assets reasonably available to the person having the obligation of support to pay the same.
(d) I further authorize and empower my Agent to engage, employ and dismiss any agents, clerks, servants, attorneys-at-law, accountants, investment advisors, custodians, or other persons in and about the performance of these presents as my Agent shall think fit.
Any decisions made by the said Agent with respect to the matters set forth hereinabove in sections 3(b), 3(c), and 3(d) shall be final, binding and conclusive upon all of the beneficiaries of my estate, and said Agent shall be released and discharged of and from all liability for any such decisions that she or he may make in good faith with respect thereto.
Remainder of Form Omitted.
What is a Power of Attorney? California Power Of Attorney Form
A power of attorney (POA) is a legal document that enables a person to appoint a representative to make legal decisions and administer their financial, property, or medical matters in their name and on their behalf. The one who grants such power to a representative is called a principal. The one who is appointed to handle the principal’s affairs is known as an agent or an attorney-in-fact. According to the power of attorney definition, an agent must be no younger than 18 years old to be eligible to make legal decisions. This is a fiduciary person a principal can wholly trust to make them accountable for their assets and other personal affairs.
POA templates and terms on composing and signing these documents may differ throughout the country, as the power of attorney requirements vary by state. Laws regulating power of attorney are not federal. There has only been a Uniform Power of Attorney Act applied on a national level since 2006. These laws act as a set of default rules for a local authority to manage these legal relations and to generally define how agents and principals can act under a power of attorney. That’s why it’s crucial to locate the up-to-date samples that meet the requirements of your local jurisdiction. US Legal Forms makes it easy to do just that and is the most extensive online library of verified legal templates.
Thanks to US Legal Forms, you can easily find templates that suit your needs and comply with your local laws. Simply create an account with a valid subscription to use our service. All documents are available for download in PDF or Word file formats. To obtain the correct POA form, select your state, click on the sample you need, check the description and preview (if available), and click Buy Now.
When to use a Power of Attorney Specific Power Of Attorney Form
Power of attorney is a widely-used written authorization that gives a trusted person legal authority over your finance and medical procedures. In most situations, it's best to draft your POA in advance. What are these situations that require you to choose an agent and create a power of attorney? In general, having a POA is necessary when you know you’ll be unavailable or incapable of managing your affairs, money, or property. Here are the most common examples of using a power of attorney:
- when you travel often and are unavailable to maintain your property;
- when you want someone to rule your property or business in your name;
- when you have children and want to appoint a reliable caretaker for them in case of your incapacity;
- when you have a risky job and want to ensure that your affairs will be in order if anything happens to you;
- when you have healthcare issues, receive a severe diagnosis, or approach your declining years and wish to have a legal representative make everyday medical or end-of-life decisions for you.
With a power of attorney, you can grant your agent the authority to buy, sell, or rent estate property for you, manage your bank accounts, make investments, collect your debts, file a lawsuit to a court, and litigate on your behalf. You can also empower your representative with the authority to pay your taxes, support your family, make decisions for running your business in your name, including financial and employment decisions, etc. Most POA forms contain general descriptions about the authority a principal grants to their agent, e.g., “all powers to make medical decisions on my behalf”. However, in some cases, it’s important to particularize in your power of attorney the affairs an agent can or cannot conduct. For example, you should explicitly refer to the agent’s powers of gifting your money or property.
Types of Power of Attorney Power Of Attorney Form
There are several types of POA forms depending on the grantor’s purpose and the letter of authority duration. It’s crucial to understand and distinguish this to get the right power of attorney sample.
Ordinary Power of Attorney can cover any matters and remains its legal force while the principal is mentally competent. If they become incapacitated, the power of attorney document becomes null and void.
Durable Power of Attorney, unlike the Ordinary POA, keeps its validity irrespective of the principal’s capacity. Such power of attorney remains valid until the grantor revokes it or dies. An agent can manage any financial or legal matters that are stated in the document, but they can’t make any medical decisions.
General Power of Attorney gives an agent the right to resolve a broad range of the principal’s matters regarding their finance and property and manage legal affairs in their name (e.g., sign agreements, financial papers, and checks, pay and file taxes, manage POA grantor’s bank accounts, buy and sell property, etc.)
Special Power of Attorney is also known as a Limited Power of Attorney. This type of POA gives the agent the authority to act on the principal’s behalf only in particular matters that are clearly stated in the document. It can also be valid for a specific time (for instance, for the duration of a real estate purchase or while the principal is abroad) or for a one-off occasion.
Medical Power of Attorney or Healthcare Power of Attorney is an advance directive regarding medical decisions to be taken when a POA grantor becomes mentally or physically incapacitated. You may choose any trusted adult to be your attorney-in-fact. However, in some states, healthcare providers or their employees cannot act as legal representatives. You can make this power of attorney form enduring for a short period (e.g., during surgery with anesthesia when a patient remains unconscious) or long-lasting.
Financial Power of Attorney is another POA form that enables an attorney-in-fact to administer principal’s finances, including managing bank accounts, paying bills, making investments, dealing with their Social Security issues, etc. A common subtype of a financial POA is an IRS power of attorney (form 2848 on the IRS website), which enables an agent to handle the principal's taxes.
Springing Power of Attorney comes into effect and becomes invalid at a particular time defined in the document by a principal (when they specifically point out what tasks this power of attorney is granted for) or at the moment the doctors state you are physically or mentally incapacitated.
Notwithstanding the POA type, a person cannot continue acting as an agent with a power of attorney after the death of a principal. Your right to handle their property only remains valid if the grantor names you their executor in their will or if the court appoints you to be one if the principal had no will.
How to Make a Power of Attorney Legal Forms Power Of Attorney
Writing a good power of attorney can be overwhelming and time-consuming considering its importance for your future. Learn how to get a power of attorney template and take the steps below to create a legally-binding document that meets your personal needs and state requirements without spending money on lawyer fees.
- 1. Choose your agent. Think of an adult person you trust (like a relative or a close friend). Ask them if they’ll be your agent and agree on what their responsibilities will be. You can also appoint several attorneys-in-fact for one power of attorney to ensure having a legal representative if one of them is unavailable.
- 2. Define what power of attorney you need. Decide why you need a power of attorney and the specific authorities you wish to grant to your agent. Check the requirements of each POA type to choose the right one.
- 3. Check your state requirements for POA. Different states have their own POA regulations, and vary on how to complete, sign, and notarize/witness the power of attorney form.
- 4. Get your power of attorney template. Use the US Legal Forms service to find the correct sample. Register for an account and choose a subscription plan, if you have not already. Choose your state, review a sample, and click Buy Now to download it.
- 5. Fill out your power of attorney form. Provide your personal information and details for your agent. When granting authority and giving specific instructions, write in clear and simple words to make your document understandable.
- 6. Sign and legalize your power of attorney. State rules may require only a principle’s signature or they may also demand the agent to sign a POA. Check whether you should sign in the presence of witnesses or authorize the form with a notary public.
- 7. Ensure everyone gets their copy of the POA. After your power of attorney is signed and legalized, provide certified copies to your agents, financial institution, or doctor. You may also create several original copies of your power of attorney for each party.
FAQ Georgia Power Of Attorney Form
What is the difference between a general power of attorney and a durable power of attorney? Durable Medical Power Of Attorney
The difference between a general and a durable power of attorney is in their durability. A general power of attorney is valid for a certain period of time, until the principal revokes it, or becomes incapacitated. That’s why you cannot use it for healthcare issues. A durable power of attorney keeps its validity with the principal’s incapacity without any expiration of time. It remains in effect until the grantor revokes it or dies.
Does a Power of Attorney have to be notarized? Power Of Attorney Papers
Requirements for validating power of attorney are state-specific and differ throughout the country. In some states, notarization with a notary public is compulsory. Some states require two independent people to witness the process of a POA signing without involving a notary. Other states require both witnesses and a notary to certify the validity of a power of attorney, and some states only require a witness or a notary. Be sure to confirm what signing requirements are valid for your jurisdiction.
Does Power of Attorney need a lawyer? Legal Forms
There’s no law obligating you to hire a lawyer to draft your power of attorney. You may write your own POA – simply check your state requirements and choose the correct power of attorney template. Use the US Legal Forms online library to obtain the samples that meet your needs. However, if you have questions or concerns about granting specific authority, you may apply to a lawyer for legal advice.
Can the agent live in another state? Legal Form Power Of Attorney
Yes, the law doesn’t forbid you to choose an agent residing in another state. The only requirement is your appointed agent must be over 18 years old, who is not in a state of bankruptcy, and who is not your healthcare provider. Your power of attorney must meet the requirement of the state where you as the principal reside, not your attorney-in-fact.
How to change, revoke or remove Power of Attorney? Ny Power Of Attorney Form
You can change or revoke your current power of attorney by creating and signing a new one. This automatically makes your previous document invalid and cancels it. After this, you must notify your agents and other organizations that were involved with your attorney-in-fact. To remove a power of attorney, you must make a signed written notice.
How long is a Power of Attorney effective? Louisiana Power Of Attorney Form
It depends on the type of POA you have. A general power of attorney loses its validity once a principal becomes incapacitated or revokes the document. A Limited POA keeps its legal effect for a certain period or until a specific affair is completed. A durable power of attorney keeps its validity regardless of the principal’s physical or mental capacity, so it remains effective while the grantor is alive or until they cancel/change it.
Can a POA change a will? Minnesota Power Of Attorney Form
No, a power of attorney doesn’t affect a will. The POA no longer has legal validity after the grantor dies since a will comes into effect with the principal’s death.
Related Packages Oregon Power Of Attorney Form
Life Documents Planning Package
The documents in this package includes a Will, Living Will, Power Of Attorney and other Forms.
Tips for Preparing Power of Attorney Forms By State
Allowing another person make choices on your behalf is a big decision and incredibly stressful. Even so, choosing the right individual for this goal is very important.
- Consider your family. Getting a POA drafted is the best way to start, and typically, your dearest family members understand your motives and needs better than other people. But keep in mind, in the event you elect your spouse to become your attorney-in-fact, in the event of breakup your arrangement can be terminated according to some state regulations.
- Take note of your potential agent’s health and location of residence. When preparing Power of Attorney Forms By State, remember that your fiduciary will take action and fix issues when you can't. For instance, they’ll probably need to go to a financial institution or hospital (if you submit a medical power of attorney form) to sign documents. So make certain they are qualified to handle this duty efficiently and quickly.
- Make sure you trust your potential fiduciary. Your agent ought to adhere to your wishes. Ideally, both you and your fiduciary have a common attitude to life. Thus, they won't reject to satisfy your will, even though it means to set aside their beliefs or views. Talk about this before preparing power of attorney paperwork.
Note that preparing Power of Attorney Forms By State is voluntary for both parties, so give your agent a chance to think about if they are ready to take on the obligation. Have patience and don't pressure anyone.