Power of Attorney
Websites:
General Power of Attorney $17 print off website
Medical Power of Attorney $15.99 or by mail
1st legal document is freeprint off website
Durable General Power of Attorney
General Power of Attorney $19.95print off website
Medical Power of Attorney 15.00
Durable Power of Attorney instructions
FREE Durable P of A form
Medical Power of Attorney
Your Health Care Representative (also called Health Care Agent or Health Care Proxy) will make health care decisions for you when you are no longer capable of making them for yourself, or if you are unable to communicate your decisions to others. Your representative must be at least of the age of majority for your jurisdiction, and should be someone you have spoken to about your wishes.
Your Health Care Representative should not be any of the following:
- a treating health care provider
- a non-relative employee of your treating health care provider
- an operator of a community care facility
- a non-relative employee of an operator of a community care facility
YOU DO NOT HAVE TO APPOINT A HEALTH CARE REPRESENTATIVE.
FAQ
General Information
Q: What is a Power of Attorney?
A: A Power of Attorney is a document in which one person (the Principal) appoints another person (the Attorney-in-fact) to act for him or her.
Q: What are the differences between durable and ordinary Powers of Attorney?
A: There are two major types of Powers of Attorney: ordinary and durable.
An ordinary Power of Attorney is only valid as long as the Principal is incapable of acting for him or herself. If the Principal dies or becomes mentally incompetent, the Power of Attorney is invalidated.
A durable Power of Attorney remains valid even if the Principal later becomes mentally incompetent. (Note: the Principal must be competent at the time the Power of Attorney is made.)
Q: What are the differences between general and specific Powers of Attorney?
A: A general Power of Attorney is one that gives the Attorney-in-fact the authority to do anything the Principal could do him or herself. A specific Power of Attorney is one that gives the Attorney-in-fact authority to act for a particularpurpose. (For example: to buy or sell a particular piece of property.)
The Principal
Q: Who is the Principal?
A: The Principal is the person who needs someone else to act for him or her. The Principal must be an adult. The Principal must be capable of making his or her own decisions at the time the Power of Attorney is executed (signed).
Q: What is "incapacity"?
A: A person is incapable of managing property if the person is unable to understand information relevant to making a decision about the management of property, or if the person cannot appreciate the foreseeable consequences of making (or not making) a decision about the management of property.
The Attorney-in-fact
Q: Who is the Attorney-in-fact?
A: The person appointed by the Principal is called the Attorney-in-fact. The Attorney-in-fact is the person who acts for the Principal.
Q: Does the Attorney-in-fact have to be a lawyer?
A: No, there is no need for the Attorney-in-fact to be a lawyer. (See below for Attorney-in-fact qualifications.)
Q: What qualifications does an Attorney-in-fact need to have?
A: The Attorney-in-fact must be a capable adult. The Attorney-in-fact should not be the owner, operator or employee of a nursing home or extended care facility in which the Principal is a resident.
Q: What qualities should I look for in an Attorney-in-fact?
A: Your Attorney-in-fact must be someone whom you trust completely. Remember that your Attorney-in-fact will have complete authority to deal with your financial and legal affairs (subject to any limitations or restrictions specified in your Power of Attorney). You should ensure that the person you choose has adequate financial management skills and sufficient time to handle your affairs properly. Additionally, your Attorney-in-fact must be responsible, be able to objectively make decisions and be able to keep accurate financial records.
Q: What are the responsibilities of my Attorney-in-fact?
A: Your Attorney-in-fact has the following responsibilities:
- to act in your best interest;
- to keep accurate records of dealings/transactionundertaken on your behalf;
- to act for you with the utmost good faith and to avoid situations where there is a conflict of interest; and
- to keep your property and money separate from their own.
Q: Is it okay to appoint a relative as Attorney-in-fact?
A: Yes, people often appoint relatives as Attorneys-in-fact.
Q: Can my Attorney-in-fact also be a beneficiary in my will?
A: Yes.
Q: What are Joint or Joint & Independent Attorneys-in-fact?
A: Sometimes a Principal will want to appoint two Attorneys-in-fact. In that case the Principal must decide whether the Attorneys-in-fact will be 'joint' Attorneys-in-fact or 'joint and independent' Attorneys-in-fact. Joint Attorneys-in-fact must act together. They must both agree before any action can be taken, and they must both take the same action at the same time. If one is absent, no action can be taken. Joint and independent Attorneys-in-fact can act together or individually. Either one can take an action without consulting the other. If one is absent, the other can still act.
Q: What is an Alternate/Substitute Attorney-in-fact? Do I need one?
A: It is a good idea to appoint an alternate/substitute Attorney-in-fact but it is not absolutely necessary. An alternate/substitute Attorney-in-fact can only act when the Attorney-in-fact is unable or unwilling to continue acting for the Principal. Note: A third party (e.g. the Principal’s bank) may require proof that the original Attorney-in-fact is unable to continue as Attorney-in-fact before accepting instructions from the alternate. Where two Attorneys-in-fact have been appointed, the document may state that if one dies or is otherwise incapable of acting, the other will continue as sole
Q: I am an Attorney-in-fact. How should I sign documents on the Principal's behalf?
A: There is no one standard way for an Attorney-in-fact to sign documents. However, when you do sign, it is important that you clearly state who the Principal is and that you are acting as their Attorney-in-fact. One convention is to write the Principal's name, then sign your name, and then indicate that you are the Attorney-in-fact. The following is an example:
John Johnson, by Jane Smith, Attorney-in-fact.
You should always have a copy of the Power of Attorney with you whenever you are acting as an Attorney-in-fact. You may be required to sign an affidavit stating that the Power of Attorney is valid, that it hasn't been revoked, and that the Principal is still alive.
Place and Time
Q: What is "Jurisdiction"?
A: A jurisdiction is a place that has its own laws. It is a territory with boundaries, such as a state or a province. For example, California is a jurisdiction in the United States.
Q: What is the "Governing Law"?
A: A Power of Attorney is governed by the law of the jurisdiction where the actions of the Attorney-in-fact will be performed. Normally, this is the place in which the property of the Principal is located. Therefore, it is not a good idea to appoint an Attorney-in-fact who resides in a different jurisdiction, unless the property or assets you want the Attorney-in-fact to deal with are also in the different jurisdiction. If you anticipate that your Attorney-in-fact will be acting in more than one jurisdiction, you should probably make separate Powers of Attorney for each jurisdiction.
Examples:
- If your bank accounts and other property are located in the jurisdiction where you live, you will want to appoint an Attorney-in-fact who lives in the same jurisdiction.
- If you live in one jurisdiction but have a bank account or other property someplace else, and you want an Attorney-in-fact to deal with that property, you will want to choose the place where the property is located as the governing law, and appoint an Attorney-in-fact who is located in (or is willing to travel to) the same jurisdiction as the property.
Q: When does a Power of Attorney start?
A: A Power of Attorney can start on a date specified in the document, or upon the occurrence of an event (such as disability or incompetence). If there is no specified date or event, a Power of Attorney starts immediately upon execution.
NOTE: Some jurisdictions do not allow powers of attorney that start on the occurrence of an event.
Q: How/when does a Power of Attorney end?
A: An ordinary Power of Attorneyends automatically when the Principal becomes mentally incapacitated or dies. A durable Power of Attorney ends automatically when the Principal dies. As long as you are mentally competent, you may revoke your Power of Attorney at any time by notifying your Attorney-in-fact (in writing) that the Power is revoked and destroying the original Power of Attorney. Otherwise, a Power of Attorney continues in effect indefinitely, unless the document specifies an end date.
Q: Can I revoke my Power of Attorney after I have become incompetent?
A: A person who is incompetent cannot revoke a durable Power of Attorney. However, an ordinary Power of Attorney is automatically revoked when the Principal is found to be incompetent.
Powers
Q: Should I put restrictions on my Attorney-in-fact?
A: When you give a "general" Power of Attorney, you give your Attorney-in-fact the authority to do anything you could do yourself.
Q: Should my Attorney-in-fact be allowed to personally benefit from managing my assets?
A: If the person you are appointing as your Attorney-in-fact is also a member of your family or a beneficiary in your will, you may want that person to be able to personally benefit from managing your assets, since you intend that person to become owner of the assets eventually. Generally, however, it is probably not a good idea to allow your Attorney-in-fact to personally benefit from managing your assets as this creates a conflict of interest for your Attorney-in-fact, who is legally obligated to act in your best interest, not his or her own best interest.
Q: What can the Attorney-in-fact do?
A: The Attorney-in-fact may transact business respecting the Principal's property in all areas specified by the Principal.
Signing Details
Q: What are the requirements for signing, witnesses and notarization?
A: Different jurisdictions have different signing requirements for Powers of Attorney, which may depend on what powers are given to the Attorney-in-fact. If you are giving your Attorney-in-fact the power to sell or otherwise dispose of your property, you will probably have to acknowledge your document before a Notary Public. Otherwise, witnesses should be legally sufficient. Be aware, however, that many banks and other institutions have their own policies about signing requirements, and may refuse to accept documents that are not notarized regardless of their legal sufficiency. If you want to avoid bureaucratic hold-ups, it is probably a good idea to take your document to a Notary Public as well as having it witnessed.
Q: How should I sign my Power of Attorney document?
A: To be valid, you must sign the document with your usual check signing signature. You should also initial each page of the document. The signing and the initialing of the pages must occur in the presence of your notary or witness(es).
After you have signed and initialed your document in front of your notary or witness(es), your notary or witness(es) must sign on the applicable page of the Power of Attorney and should initial each page. This must occur in your presence.
1