POWER OF ATTORNEY
What type of Power of Attorney do you wish to create?
Durable
Most PopularRemains in effect even if you become incapacitated. The most comprehensive protection for your interests.
- Valid during incapacity
- Comprehensive legal authority
- Estate planning essential
Limited / Special
Task-SpecificGrants authority for specific transactions or a limited time period. Ideal for one-time needs.
- Specific transaction only
- Time-limited authority
- Auto-expires when complete
A Power of Attorney (POA) is a legal document that allows you (the "principal") to appoint another person (the "agent" or "attorney-in-fact") to act on your behalf in legal and financial matters. This document can be essential for estate planning and ensuring your affairs are managed according to your wishes.
The agent you designate can handle various responsibilities, from managing your bank accounts to making healthcare decisions, depending on the type of POA you create and the powers you grant.
Important: A Power of Attorney is only valid while you are alive. Upon your death, the POA becomes void, and any authority you granted ends immediately.
There are different types of Powers of Attorney, each serving a specific purpose. Understanding these types will help you choose the right one for your needs.
| Type of Power | General Power of Attorney | Durable Power of Attorney | Limited/Special POA |
|---|---|---|---|
| Scope | Broad authority over many matters | Broad authority, continues during incapacity | Specific transactions only |
| Duration | Ends if you become incapacitated | Remains valid during incapacity | Until task is complete or date expires |
| Best For | Short-term needs while competent | Long-term planning, estate planning | One-time transactions (real estate, etc.) |
| Common Uses | Travel, temporary assistance | Healthcare, finances if incapacitated | Selling property, signing contracts |
Almost every adult should consider creating a Power of Attorney as part of their estate planning. Here are situations where a POA is especially important:
- You travel frequently and need someone to handle matters in your absence
- You're concerned about potential future incapacity due to age or health
- You own property, investments, or have complex financial affairs
- You're a business owner who needs continuity planning
- You want to avoid court-appointed guardianship proceedings
Consider carefully: A POA grants significant authority to another person. Only appoint someone you trust completely, and consider consulting with an attorney about your specific situation.
- 1
Choose the type of POA
Decide whether you need a Durable or Limited/Special Power of Attorney based on your needs.
- 2
Select your agent carefully
Choose someone you trust completely who is capable and willing to serve.
- 3
Determine the powers to grant
Specify which authorities your agent will have—financial, property, healthcare, etc.
- 4
Complete and sign the document
Fill out all required information and sign according to your state's requirements.
- 5
Notarize (if required)
Many states require notarization. Some also require witnesses.
- 6
Distribute copies
Give copies to your agent, alternate agent, and relevant institutions (banks, etc.).
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