Documents for power of attorney are some of the most carefully eyeballed and processed in America; that’s because they are so very important. Unfortunately, filing power of attorney documents can be a complicated and delicate ordeal. Here is an introduction on how to grant an agent of your choice power of attorney.
There are more than a few types of power of attorney and each require different forms. There are three common power of attorney forms that folks tend to fill out: durable, medical, and limited power of attorney.
In order to file a power of attorney document, you will have to investigate your local legislature’s requirements. In the meantime, here’s a basic idea of what is usually expected of those who are ready to establish a power of attorney.
Now, before we continue, you’re going to need an attorney if you want to give a trusted agent power of attorney! You’ll need advice on what type of power of attorney is best for your situation and guidance in filling out the necessary documents. Your chosen agent will need some understanding about it as well and a lawyer who’s an expert on the issue is invaluable in this respect.
Here’s what a power of attorney form should include:
· Name and address of you and your agent
· A statement clearly defining what specific power your agent is granted
· Effective date/circumstance
· Dated signature
The principal, or the person granting the power of attorney, must sign this document – of course – but he or she must be competent at the time, or else the power of attorney can be rendered moot later on. In cases where competence is debatable, a physician may make an assessment.
You can also fill out documents to appoint a successor agent, someone who will take on the power of attorney in case your first choice falls through, for whatever reason.
Notarization is also key – otherwise, the power of attorney can be easily disputed. And that destroys the purpose of power of attorney!
Depending on the type of power of attorney you’re interested in, it will be either a great hassle or it will go swiftly. General power of attorney, as to be expected, is much broader and in effect, more consequential, so these documents tend to be dealt with differently than those for special power of attorney. There are many different forms out there for many different purposes. This is why you will need legal advice as you file power of attorney documents!
Fortunately, by simply prowling the Internet, you can find almost all of necessary forms. The best part is they are free. These at least can help you plan for the future and determine what type of power of attorney you need and what agent sill best use it.
Before you make any forms official, have a lawyer with knowledge of your jurisdiction review them. While filling out a form is important, it won’t mean that your best interests are guaranteed. That is up to your agent, so make sure your agent is someone who is incredibly capable and is also someone who you trust to fulfill your wishes.