A Power of Attorney allows a person to legally make medical, financial, and certain personal decisions for another person.If you are incapable of handling your affairs for a period of time, you may need to grant someone a power of attorney.Most of the time it involves filling out a form and having it notarized.Powers of Attorney in other countries may not do the same things as they do in the United States.You should check the laws of your jurisdiction.
Step 1: It's a good idea to talk to your loved one.
Power of attorney can be granted to someone if your loved one is ill and unable to make financial or medical decisions in the future.Power of attorney can be obtained with the permission of the person who may need to turn over decision-making rights.It is necessary for someone to have sound mind in order to grant power of attorney.Make sure your loved one knows what it means to sign over power of attorney.They will give up their decision-making authority.
Step 2: Someone should be the agent.
The decisions that the person holding power of attorney makes are considered to be the decisions of the principal, so it's important that you trust the agent.Consider how close the candidate is to the principal.The principal's wishes and values should be aligned with the wishes of the agent.If medical and/or end-of-life decisions are included in the power of attorney, the agent should be aware of the principal's religious beliefs.It may be desirable to have geographic proximity.The candidate may be in good health.An agent should be in good health.s/he may not be able to make decisions on the principal's behalf.Do you want to assign different agents for financial and medical decisions?It's a huge responsibility to have power of attorney.Financial and medical powers of attorney may be granted to different people.The burden will be reduced on one person.
Step 3: Determine what type of power of attorney is needed.
Power of attorney can be used for medical or financial matters.A medical power of attorney allows someone to make medical decisions for someone who is no longer able to do so.Someone can make financial decisions for someone who grants them a financial power of attorney.The agent's rights to make other decisions are not granted by granting one type of power of attorney.A medical power of attorney will give the agent rights to make health care decisions, but not financial decisions such as buying or selling property.A springing power of attorney does not take effect until a qualification is met.Following the incapacitation of the principal, power of attorney is usually granted.A power of attorney is immediately in effect.The person who grants it will no longer be valid.The power of attorney can be voided if the word "durable" is not specified.A springing durable power of attorney is one of the above categories.The power of attorney won't take effect until the person who grants it is no longer able to do so.Before the power of attorney goes into effect, a showing of incapacity must be made.A general power of attorney is comprehensive.The person granting POA gets all the powers, rights, and responsibilities of the agent.A person can use an ordinary power of attorney if they need help.The death or incapacitation of the person granting POA is usually the end of an ordinary power of attorney.The purpose for which the person's agent may act on his/her behalf is specified in a limited power of attorney.It may allow the agent to make financial decisions related to property, but not other decisions.
Step 4: If you can't get power of attorney, you should have a legal guardian.
If the person doesn't grant power of attorney in a living will, it may be necessary to get a guardian.The authority held by a guardian is more limited than that of a power of attorney.The guardian is accountable to the court.To become a guardian, a court must deem the principal incompetent.They are judged to be unable to meet their own basic needs.If you think someone you know is incompetent, you can ask the court to appoint a guardian.The district court in the county where the principal lives has jurisdiction over the case.The court will schedule a hearing after you file the petition.The guardian must show incompetence of the proposed ward and that no suitable alternatives are feasible at the hearing.The proposed ward may challenge the petition.
Step 5: Contact an attorney for trusts and estates.
As part of the estate planning process, power of attorney documents are prepared.To make sure that your power of attorney and estate plans are compatible, you need to work with a trusts and estates attorney.Ask your friends and family for referrals.If you already have another attorney for other matters, he or she may be able to recommend a trusts and estates attorney.Free referral services are offered by county and state bar associations.Ask your local bar association about trusts and estates attorneys.
Step 6: Check the requirements in your state.
Most states have the same requirements for power of attorney.The document granting power of attorney needs to identify the principal, the agent, and what legal acts the agents are entitled to perform.Check to see if your state has special forms for power of attorney.The forms can be found on the internet.If your situation is complicated, you should hire an attorney.If you and your loved one want to grant power of attorney, an attorney can help.
Step 7: Write a power of attorney form.
Most states don't require power of attorney forms to be legal documents.For the sake of precision and clarity, it's a good idea to use a state-issued form as a template.For an example of a state-issued power of attorney for finances, see Wisconsin's Financial Power of Attorney Form.The Health Care Power of Attorney Form can be used as a sample power of attorney for medical concerns.
Step 8: Make sure your document is clear.
The person given power, the principal, and the type of powers granted must be named.Broad powers can be provided by a power of attorney.Make sure the form says whether the powers are "durable" or "springing"The terms will tell you when the power of attorney takes effect and how long it lasts.The agent can act after the principal is no longer able to do so.A springing power of attorney can be used if the principal wants to make decisions until a certain point.The power of attorney document can empower the agent when the principal is no longer able to do so.Make sure that the principal and agent are aware of the limits of power of attorney.Part of the power of attorney is void if it claims to transfer a power that can't be done under the law.Even if the principals agree, the agent cannot write a will for the principal.Any such will is not valid.If the first agent is unable or unwilling to act on his or her authority, alternate agents may be named.
Step 9: There are witnesses to be gathered.
In some states, witnesses need to sign the document with one or two other people.In Utah, no witnesses are required for a power of attorney document to be signed.Make sure witnesses are present when the agent and the principal sign the document.
Step 10: An attorney can review the document.
Legal issues that would be missed by those without legal training may be noticed by an attorney.If you do not hire an attorney to look over the document, make sure that you clearly and specifically identify the powers that are being granted to the agent, when those powers will take effect, and when they will cease to have an effect.Specific details are helpful.The agent has the power to withdraw money and make payments from the principal's three bank accounts.
Step 11: The power of attorney document needs to be notarized.
The power of attorney document needs to be signed by the agent and principal in front of a notarial.Notarization eliminates any doubts about the validity of the principal's signature even if your state does not require it.The principal's identity must be verified before the signature can be seen.The power of attorney document can be challenged by an outside party.If your state requires notarization, you can check online.USlegal.com has information for all states.
Step 12: The power of attorney document should be saved.
You must have a power of attorney with you at all times if you want to use it.It's best to keep it in a safe or a safety deposit box until you need it.