Table of Contents
- Power of Attorney Templates
- Power of Attorney Sample
- How to Get Power of Attorney
- What is a Power of Attorney (POA)?
- Types of Power of Attorney
- Frequently Asked Questions
1. Power of Attorney Templates
A power of attorney (POA) allows you to appoint any individual to make non-medical decisions for you. This individual is called an “agent” or “attorney-in-fact”.
Because each US state has its own regulations regarding powers of attorney, it’s important that you use the correct POA form.
To download the POA valid in your state, simply click the state that you live in.
2. Power of Attorney Sample
Below is a generic power of attorney document. To view a filled-out version of this sample POA document, click the button below the preview.
STATE OF ___________________ IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. This power of attorney does not authorize the agent to make medical and health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent you may name a co-agent in the Special Instructions. Co-agents are not required to act together unless you include that requirement in the Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions. If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form. DESIGNATION OF AGENT I, _______________[name of principal] of _______________[street address, city, state, zip code of principal], authorize _______________[name of agent] of _______________[street address, city, state, zip code of agent], as my agent (attorney-in-fact) to act for me and in my name and for my use and benefit. If my agent is unable or unwilling to act for me, I name _______________[name of successor agent] of _______________[street address, city, state, zip code of successor agent] as my successor agent. GRANT OF GENERAL AUTHORITY I grant my agent and any successor agent general authority to act for me with respect to the following subjects: INITIAL each subject you want to include in the agent’s general authority. INITIAL the line in front of “(N) All Preceding Subjects” if you wish to grant general authority over all of the subjects instead of initialing each subject. _____ (A) Real property _____ (B) Tangible personal property _____ (C) Stocks and bonds _____ (D) Commodities and options _____ (E) Banks and Other Financial Institutions _____ (F) Operation of Entity or Business _____ (G) Insurance and Annuities _____ (H) Estates, Trusts, and Other Beneficiary Interests _____ (I) Claims and Litigation _____ (J) Personal and Family Maintenance _____ (K) Benefits from Governmental Programs or Civil or Military Service _____ (L) Retirement Plans _____ (M) Taxes _____ (N) All Preceding Subjects GRANT OF SPECIFIC AUTHORITY (OPTIONAL) My agent may not do any of the following specific acts for me unless I have INITIALED the specific authority listed below: CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL only the specific authority you want to give your agent. _____ (A) Create, amend, revoke, or terminate an inter vivos trust _____ (B) Make a gift _____ (C) Create or change rights of survivorship _____ (D) Create or change a beneficiary designation _____ (E) Authorize another person to exercise the authority granted under this power of attorney _____ (F) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan _____ (G) Exercise fiduciary powers that the principal has authority to delegate LIMITATION ON AGENT’S AUTHORITY An agent that is not my ancestor, spouse, or descendant may not use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions. SPECIAL INSTRUCTIONS (OPTIONAL) You may give special instructions on the following lines: ____________________________________________________________________________________________________________________________________________________________ EFFECTIVE DATE This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions. NOMINATION OF GUARDIAN (OPTIONAL) If it becomes necessary for a court to appoint a guardian of my estate or my person, I nominate the following person(s) for appointment: Name of Nominee for guardian of my estate: _________________________________________ Nominee’s Address: _____________________________________________________________ Nominee’s Telephone Number: ____________________________________________________ Name of Nominee for guardian of my person: ________________________________________ Nominee’s Address: _____________________________________________________________ Nominee’s Telephone Number: ____________________________________________________ RELIANCE ON THIS POWER OF ATTORNEY Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid. SIGNATURE AND ACKNOWLEDGMENT OF PRINCIPAL ____________________________________ _______________ Signature of Principal Date ____________________________________ Name Printed ____________________________________ ____________________________________ Address ____________________________________ Telephone Number State/Commonwealth of ________________ County of ____________________________ On this _____ day of _______________, 20___, before me, __________________________, personally appeared _________________________________, personally known to me or who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument and acknowledged to me that he/she executed the same and that by his/her signature on this instrument the person executed this instrument. _____________________________________ (Seal, if any) Signature of Notary My commission expires: _________________Power of Attorney
While the sample above is a great example, remember to download and customize the power of attorney form specific to your state.
If you’re not sure how to customize your form, use our POA form builder instead. It will guide you through the process by asking you simple questions, the answers to which it uses to build your customized power of attorney.
3. How to Get Power of Attorney
A power of attorney form (POA) makes your life easier by allowing someone you trust to take certain actions, such as managing your bank accounts and selling personal property, on your behalf. If you take the time to create a power of attorney, you’ll want to make sure that it is effective in the eyes of the law.
You can obtain (and maintain) a valid power of attorney if you follow these seven steps:
- Read your state’s requirements — Each state has different laws and statutes governing a POA document. It’s crucial that the document you create meets all the POA requirements of your state.
- Identify who will act on your behalf — The person acting on your behalf (known as the agent or the attorney-in-fact) should be a responsible, trustworthy individual.
- Determine what the power of attorney is for — Your POA needs to have a clear “grant of authority”, that is, what general or specific authority you give the agent. .
- Decide when the agent can act on your behalf — Clarify when you wish the agent to start (and stop) acting on your behalf. Depending on the time frame, your POA may be a general POA, limited POA, durable POA, or springing POA.
- Make sure you have all signatures and authorizations — Apart from the law, some banks and financial institutions also have additional requirements as to who needs to sign the POA document.
- Keep it up-to-date — If your state has rewritten its laws or your power of attorney is more than several years old, it may be considered “stale” and should be updated.
- Get it witnessed and notarized – Sign your power of attorney in front of witnesses, stating that you were competent and signed the document voluntarily. Be sure to get your form authenticated by a notary public to legitimize its validity. The regulations surrounding the number of witnesses and the notarization vary by state.
Writing your own POA from scratch can be risky. We recommend contacting an attorney, or downloading our state-specific POA forms to get started.
4. What is a Power of Attorney (POA)?
A power of attorney, or POA, officially recognizes a legally binding relationship between two parties — a Principal and an Agent.
The power of attorney agent, known as the attorney-in-fact, is given the power to manage the personal, business, and/or legal affairs of the Principal. Furthermore, the Agent has an obligation to act in the Principal’s best interests and in accordance with their wishes.
Power of attorney forms are commonly used when someone wants peace of mind that their financial or health care decisions will be made by someone they trust.
Consider creating and signing a power of attorney if you are:
- Over the age of 18 years old
- Military personnel being deployed overseas
- Traveling abroad for an extended period of time
- Diagnosed with a chronic condition or life-threatening illness
- Growing older and concerned about your current health
- Married and want your spouse to have legal authority over your property
- Engaged in a high-risk profession (e.g., firefighter or police officer)
5. Types of Power of Attorney
There are several types of power of attorney you can use to legally protect yourself. It’s important to understand which one is right for you – before signing control of your healthcare, finances, business, or other legal matters over to your agent.
The 5 most commonly used power of attorney types are:
- Durable Power of Attorney
- Medical Power of Attorney
- General Power of Attorney
- Limited Power of Attorney
- Springing Power of Attorney
6. Frequently Asked Questions
What is a durable power of attorney?
A durable power of attorney stays in effect even if the principal becomes mentally incapacitated. This is in contrast to a general power of attorney, which ends when the principal becomes mentally incapacitated.
How do I revoke a power of attorney?
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 you wish to revoke
- follow any termination procedures detailed in the document
The document also automatically terminates when any of the following occur:
- the principal dies
- the principal becomes incapacitated (if the POA is non-durable)
- the agent dies or is declared legally incompetent and no alternate agent is named in the POA
If you decide to void a power of attorney, you should notify any banks, businesses, or other institutions that might be affected.
Where can I get a power of attorney form?
You can get a power of attorney form from:
- your state government’s relevant office or website (e.g., the Department of Health Services of your state)
- your lawyer
- our selection of state-specific power of attorney forms
- our power of attorney form builder
Does a power of attorney expire?
The principal can explicitly declare when their power of attorney will expire. If an expiration date is not set, the power of attorney will be effective until the death of the principal.
What happens to a power of attorney after death?
All powers of attorney end at the time of death. At that point, a last will and testament takes over. However, a durable power of attorney will effectively continue even when the principal becomes incompetent or incapacitated, such as by falling into a coma.
Can a power of attorney change a will?
No, a power of attorney/agent cannot modify a will in any manner. A will takes precedence over a power of attorney document.
Can a power of attorney be changed without consent?
No, a power of attorney cannot be changed without the consent of the principal.
Does a power of attorney need to be notarized?
State law differs when it comes to the necessity of notarizing a power of attorney. It’s important to check your individual state’s legislation. That said, we recommend notarizing a power of attorney in all instances where it is used to handle financial or real-estate transactions.
