DURABLE POWER OF ATTORNEY SAMPLE
An agent or attorney-in-fact named in a POA is a legal representative that can generally perform any acts the individual or entity can perform, subject to the authority granted. The power granted by a POA may be limited or general (you choose who will act and define their authority and its limits.) A POA is valid in all states and can give one or more persons the power to act on your behalf in a variety of situations. POA's can be limited to particular activity (sell property or automobile on your behalf, closing the sale of your house) or general in its application. The person you trust to act as an attorney-in-fact must be over the age of 18 years old and mentally capable. No special qualifications are necessary. How POA Documents are Signed.If John Smith appoints his wife, Carol Smith, as his agent in a written power of attorney. Carol, the agent, sign as: John Smith, by Carol Smith under Power of Attorney or Carol Smith, attorney-in-fact for John Smith. The ValidityIf you have moved to another state, a POA that is valid when you sign it will remain valid until you die or the document is revoked. Types of POA:Durable: In most states a durable POA is a continuous, permanent authority to act on your behalf and is valid until you die or revoke the document. Springing: Its temporary and takes effect only upon the occurrence of a future event. (If you are not in the condition to act for yourself.) A written notice of revocation to the person named to act for you is necessary to revoke a POA in most states. BELOW PLEASE FIND A FREE P.O.A. SAMPLE DOCUMENT THAT YOU CAN USE AS AN EXAMPLE. It is always a good idea to consult with an attorney before using these type of letters. These documents can have legal, financial, or other implications. KNOW ALL MEN BY THESE PRESENTS that I, ______________________________(donor or principal - person giving power of attorney), residing at ____________________________ (address), being of sound mind and legal capacity, do hereby make and appoint ______________________(agent, donee or attorney in fact - person receiving power of attorney), of ________________________(address), my true and lawful attorney-in-fact (agent), to act in my name and place, and for my use and benefit to do on my behalf anything that I can lawfully do by an attorney. Including: Authorize payment of bills; Run my business; Buy, manage and sell property; Control my investments; Prepare and file my taxes; Conduct banking transactions; Enter safety deposit boxes; Handle legal claims; Handle government issues; Make gifts; Make financial and estate planning decisions; Collect Social Security and other benefits; Settle claims; Employ professional assistance; Make transfers to revocable living trusts; and Collect debts. This Power of Attorney shall be effective on the date of ____________, 20___. And shall not be affected by my disability or mental incompetency, except as may be provided otherwise by an applicable state statute governed by the laws of the state of __________________. I may revoke this Power of Attorney at any time by providing written notice to my Agent. _______________________________________ ______/______/_________ Agreed to and accepted by: _______________________________________ ______/______/_________ WITNESSES: We know the principal personally and we believe him/her to be at least 18 years of age and of sound mind. This document was signed in our presence. The principal appears to be of sound mind, and to be making this designation voluntarily, without duress, fraud or undue influence. Witness 1: Witness 2: Subscribed and sworn to before me on this _____ day of _________________, 20_____. ________________________________________ Return from Power of Attorney to Home page. DISCLAIMER: The law will vary depending on your state and the specifics of your case. The information provided by USAttorneyLegalServices.com is intended for educational purposes only. All the content on this website should NOT be considered professional legal advice or a substitute for professional legal advice. For such services, we recommend getting a free initial consultation by a licensed Attorney in your State.
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