A General Power of Attorney (POA) is a legal agreement that allows a designated agent to make financial decisions on behalf of the document’s principal. Typically, an agent with general power of attorney can access the principal’s private information, including bank accounts, real estate property, taxes, and health care information. A general power of attorney does not allow the agent to handle medical decisions for the principal.
Non-Durable – A general POA form is typically non-durable, which means the agent loses the powers granted by the power of attorney when the principal becomes legally incapacitated or incapable of making decisions.
What Is Covered?
- Bank accounts, credit cards, and other financial matters
- Real estate and personal property
- Estates, trusts, and government benefits
- Legal claims and litigation
- Taxes, insurance, and annuities
- Stocks, bonds, and commodities
- Retirement accounts
- Personal property
- Business management
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
How to Get a General Power of Attorney
To establish a general power of attorney, you must choose an agent, determine the scope of their powers, complete a general POA form, and add signatures as required by your state laws.
Choose an Agent for Your General POA
A power of attorney can grant your agent significant power over certain financial matters. Select someone you can trust to act in good faith. They should be willing and able to handle any tasks and powers granted under the POA.
Consider designating a second agent in case your selected agent becomes unavailable.
Establish Powers Granted by the General POA
The Uniform Power of Attorney Act limits the types of powers a general POA grants. You can authorize your agent to manage:
- Business operations
- Real estate transactions
- Personal property
- Commodities, stocks, bonds, and options
- Banking and financial operations
- Personal taxes
- Personal and family financial matters
- Legal matters and litigation
- Retirement, estates, and trusts
- Government benefits
For medical matters, you will need a separate authorization in the form of a medical records release authorization or medical power of attorney form.
Fill Out the General POA Form
Start with a general power of attorney form template. Both the agent and principal should be present to complete the form. Fill out the form completely, but do not sign it until you review your state’s signing requirements.
Sign the General Power of Attorney Form
The principal must sign the general power of attorney form, but they may need to do so before witnesses or a notary. Not all states require the agent to sign. However, the agent should still sign an appointment acceptance.
General Power of Attorney Signing Requirements
Signing requirements differ between states. Some states require witnesses, a notary, or both to be present when the principal signs the POA. A witness or notary must also typically sign a witness statement or notary acknowledgment.
STATE | GENERAL SIGNING REQUIREMENTS |
---|---|
Alabama | Notary Public |
Alaska | Notary Public |
Arizona | Notary Public and One Witness |
Arkansas | Notary Public |
California | Notary Public or Two Witnesses |
How to Write
A complete and detailed general power of attorney is critical to protect both the agent and principal. Start with a fillable general POA template, then follow these steps to ensure the document includes all the necessary details:
Step 1 – Agent Designation
Enter the principal’s name and address as the authorizing entity. Note the full name and address of the agent and optional co-agent designated under the POA. In addition, provide the name and address of a successor agent and optional second successor agent should your primary agent be unable or unwilling to act for you.
Step 2 – General Authority
Establish the general authority you grant your agent or successor agent. Initial all subjects that apply. Select “(N) All Preceding Subjects” if you wish to grant your agent authority over all the subjects.
Step 3 – Specific Authority
Grant specific authority for activities the agent can perform under your general POA. Unless you initial next to the specific authority you wish to grant your agent, these options are specifically excluded from the POA.
Consider these powers carefully, as they can significantly affect your property values. They can also alter the disbursement of your estate in the event of your death.
Step 4 – Limitations on Authority
This clause specifies that any agent who is not your ancestor, spouse, or descendant may not use your property to benefit themselves or someone they know unless you provide special instructions to the contrary.
Step 5 – Special Instructions
This section is optional. If you choose, you can use it to grant extra authority, place additional limitations on the agent’s powers, or waive limitations on authority.
Step 6 – Effective Date
Select the date upon which the general power of attorney becomes effective. You may choose to have it go into effect immediately, upon the principal’s disability or incapacity, or have its effect contingent upon another specific event. If you select the third option, detail the event that must occur for the POA to go into effect.
Step 7 – Termination Clause
Indicate whether the POA form is for a durable or regular power of attorney. A durable power of attorney will remain active regardless of whether the principal becomes incapacitated or how much time passes. A regular power of attorney will terminate if the principal becomes incapacitated.
Step 8 – Nominate a Guardian
This section is optional. Choose a guardian of your estate in case you become incapacitated, disabled, or otherwise incapable of managing your own affairs.
Step 9 – Signature and Acknowledgement
As state law indicates, the principal should sign and date an acknowledgment at the bottom of the completed POA form in the presence of witnesses or a notary. If the signature is notarized, the notary will complete the notary acknowledgment and apply their seal at the end of the form.
Sample
Below, you can download a General POA template in PDF or Word format:
Frequently Asked Questions
Does a General Power of Attorney Need to be Registered?
Typically, a general POA does not need to be registered. However, some jurisdictions require POAs for real estate and other sensitive matters to be recorded with state or local offices. Check your local laws to confirm registration requirements for your situation.
Does a General Power of Attorney Need to be Notarized?
A general power of attorney needs to be notarized in some states but not all. Many states recognize a POA with witnesses instead. Review your state laws to verify your POA notarization requirements.
What’s the Difference Between a General and Durable Power of Attorney?
The difference between a general and durable power of attorney is that a general POA is typically non-durable. This means the power of attorney expires when the principal becomes incapacitated. However, a durable power of attorney remains in effect even if the principal becomes incapacitated.