A Power of Attorney document allows you to choose what your personal representative, or attorney-in-fact, will be responsible for by designating certain powers to them.
The document also automatically terminates when:
- The Principal dies.
- The Principal becomes incapacitated (if non-durable).
- The Agent dies or is declared legally incompetent and there is no successor named.
If you do decide to void a Power of Attorney, you should notify any banks, businesses, or other institutions that might be affected.
Powers of Attorney in the United States are subject to the laws of individual states, so the document changes to conform to your particular state s laws. There is no overall federal law concerning Powers of Attorney, but there is a model Uniform Power of Attorney Act which many states have adopted, fully or partially.
To choose an attorney-in-fact, you must consider your options carefully. Aside from your personal preferences, there are also legal requirements for who you select. Your attorney-in-fact may not: Be under the age of majority in your state. Currently be in a state of bankruptcy. Be the owner or employee of a care home where the principal resides or receives treatment.