How to Become a Power of Attorney

A power of attorney, sometimes referred to as POA, is the legal authority to act as a person's attorney to handle certain, designated affairs of that person. These affairs might include business dealings, money management, real estate matters and even health decisions. The POA can be a temporary, long-range or permanent arrangement.

Difficulty: Moderately Challenging

Instructions

1. Ask for help in making the decision as to whether or not a power of attorney is needed. For example, you could ask your parent's financial adviser or doctor for insight into the capability of your parent to make his own decisions.

2. Make certain that the principal (that is, the person for whom you intend to become the power of attorney) is willing to enter into this arrangement, since he will need to sign the legal documents. Hold some frank discussions about the principal’s expectations. For example, in the case of a parent, you should know how your father expects money to be spent in the future and what decisions he would make on health issues.

3. Decide on the type of power of attorney you (the agent) and the principal want to implement. Perhaps there are only monetary and business issues at stake; however, it may be that the principal wishes you to make health care decisions as well.

4. Hire an experienced lawyer. Although there are various forms available on the Internet and elsewhere that allow you to simply fill in the blanks and have a document notarized, you can be more confident that there will be no successful challenges to the power of attorney with a tightly executed document in place.

5. Make sure that the signature on a power of attorney is notarized, even if a lawyer has prepared the document.

6. Name someone to serve as a successor agent. This is a person who will serve as the power of attorney if the agent is unable to do so.

Tips & Warnings

• Get recommendations for an attorney from your state’s bar association.
• Draw up the power of attorney while the principal is mentally competent. If there is doubt on this issue, a physician will need to verify the principal’s ability to understand what rights he is assigning to another individual.

Resources

• American Bar Association

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