Limited Powers of Attorney – By State
Limited powers of attorney vary from state to state. Each falls under its state-specific statutes and has unique signing requirements. Explore your state’s form below, and review an informative guide to learn about the document in your jurisdiction.
- 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
What Is a Limited (Special) Power of Attorney?
A limited power of attorney (LPOA) is a legal document granting someone the right to take a certain action on your behalf. It’s often used for a single legal or financial task or a set of predefined functions. For example, you can grant authority for an agent to cash a check on your behalf. This special power of attorney lets you, as the principal, maintain control, as you don’t grant unlimited access to your affairs.
A limited power of attorney usually ends on a predetermined date or after the agent completes the assigned task. In this sense, it differs from a durable power of attorney (DPOA), which is a longer-term estate planning tool. A DPOA remains effective through the principal’s incapacitation or until the principal revokes it.
Limited vs. Non-Durable POA
A limited POA is narrower in scope, while a non-durable POA is broader. The agent in a non-durable POA typically has access to a wider range of authority on the principal’s behalf and is not limited to a single type of transaction.
A non-durable POA ends upon the principal’s incapacitation. A limited POA can remain effective through incapacitation, but it typically ends before that occurs due to its use to complete a specific task.
What Can a Limited Power of Attorney Do?
Depending on what you dictate in your form, a limited power of attorney can allow your agent to complete the following actions on your behalf:
- Sign legal documents
- Negotiate or make real estate offers
- Make medical or educational decisions for your children
- Manage your bank accounts
- Pay your bills
- Handle investment decisions
- Prepare and file taxes
- Sign business contracts or represent yourself in negotiations
- Handle vehicle-related transactions
- Manage your pension or retirement accounts
A limited power of attorney helps you manage your affairs while you’re temporarily unavailable. Someone can stand in for you while you’re away on vacation or a work trip, recovering from a medical procedure, or deployed in the military.
How to Fill Out a Limited Power of Attorney Form
Filling out a limited power of attorney form correctly helps you assign only the authority you want to grant. Follow these steps below to get started.
1. Name the Principal & Agent
Provide your name and address as the principal to identify yourself as the creator. Then, list the same information for your agent, who will receive decision-making authority. Specify if the agent will work together with any co-agents.
You can also add a successor agent, who will take over your primary agent’s duties if your primary agent dies or becomes unwilling to perform their job.
2. Grant Authority
Describe the authority you’re granting to your agent. Be as specific as possible so that the agent knows not to go beyond your preferences.
For example, if you’re giving them authority to execute real estate documents on your behalf, provide the address of the property for which they can do so. This way, they won’t be able to execute real estate documents for your other properties. As you grant authority, emphasize the limited nature with detailed descriptions of the allotted powers. You may want to include an expiration date if the task is not completed within a set time.
3. Include Special Instructions
Include special instructions that go beyond the basic grant of authority. These instructions can be restrictions, conditions, or clarifications for the agent.
For example, you may require the agent to obtain approval from your spouse before completing any action. You may also require them to give you a certain amount of notice (like 24 hours) before carrying out a task.
4. Specify Durability & Termination Rules
LPOAs can be durable or non-durable, so choose the option that fits your needs. Choose the date or instance that your document will go into effect. For example, you may want it to go into effect immediately, on a certain date, or when a specific event occurs.
You can also specify whether the limited power of attorney will end:
- By a specific date
- By a specified event
- By a specific date or a specified event, whichever comes first
How Long Is a Limited Power of Attorney Good For?
In most states, if you don’t include an end date or event, a special power of attorney will last until:
- The principal becomes incapacitated (if the POA is not durable).
- The principal revokes the power of attorney.
- The death of the principal or other party.
- The agent is unable or unwilling to perform their duties (and there’s no successor).
- The specific task is completed, such as a land purchase or transfer of a vehicle title.
5. Revoke Previous POAs (If Needed)
Specify whether this is your first time creating a limited power of attorney. If not, explain whether you want the LPOA you’re writing to replace all previous POAs. Replacing former POAs is a good idea, especially if your old wishes have changed or your old one is outdated.
Revocation of Power of Attorney Form
Consider using a revocation of power of attorney form to revoke old limited POAs.
6. Sign Before Witnesses
The principal must sign the form. Depending on each state’s law, one or two witnesses’ signatures and/or a notary acknowledgment may be required.
The notary public verifies the identity and intent of the parties involved, ensuring the document’s legality, while the witness is typically present to observe the principal’s signature. Review the table below to learn whether your limited power of attorney needs to be notarized or witnessed.
State | Requirements | Laws |
---|---|---|
Alabama | Notary Public | AL Code § 26-1A-105 |
Alaska | Notary Public | AK Stat § 13.26.600 |
Arizona | Notary Public and 1 Witness | AZ Rev Stat § 14-5501 |
Special Power of Attorney Sample
View a sample special power of attorney form to understand its format. Then, use our printable limited power of attorney form to create your own. Download in PDF or Word format.