If you take the time to create a Power of Attorney, you want to make sure that it will be effective. There are situations where your document may be rejected, or powerless if you aren’t careful. Here are a few steps you can take to help ensure your POA won’t be powerless:
- Use a state-specific form – Each state has different laws and statutes governing this document. Our state-specific forms are customized for each particular state.
- Make sure you have all signatures and authorizations – Some banks and financial institutions have specific requirements as to who needs to sign the document.
- Keep it up-to-date – If your state has rewritten its laws or your document is more than several years, it may be considered ‘stale’ and may need to be updated.
- Get it witnessed and notarized – Sign your document in front of witnesses, stating that you were competent and signed the document voluntarily. Also make sure to get your document authenticated by a notary public.
If you decide you no longer want a Power of Attorney, you can take the following active measures to terminate it, provided you are still legally competent:
- Prepare a Revocation of Power of Attorney.
- Destroy the document.
- Follow any termination procedures detailed in the document.
A simple POA will identify the following basic elements:
- Agent(s): a responsible and trustworthy person acting on your behalf.
- Principal: person assisted with personal, business, or legal matters.
- Grant of Authority: general or specific authority to take certain actions.
- Effective Date: when the the form effectively begins, usually immediately.
- Signatures: the Principal and a Notary must sign the document.
A Springing or Conditional POA only goes into effect if a certain event or condition occurs. It can end at a specific time, when you become incapacitated or when you die.
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