How to Get Power of Attorney Over Someone

A power of attorney is a written document in which one person, the principal, designates an agent to act on his behalf. The principal may limit the agent's authority or may give the agent broad discretion. When an agent transacts business under a valid power of attorney, the agent's acts are legally binding on the principal, just as if the principal had handled the transaction in person.

Difficulty: Moderately Challenging

Instructions

Things You'll Need:

• Power of attorney form

Procedure

1. 
    
   Identification. rutlo: flickr.com

   Identify the parties. Give the full legal name and address of both the principal and the agent. If this information is inaccurate or incomplete, third parties may be reluctant to transact business with the agent.

2. Define the scope of the agent's authority. A power of attorney may either be general or limited. A general power of attorney typically places no limit on the types of transactions in which the agent may engage on behalf of the principal. By contrast, a limited power of attorney (also called a special or specific power of attorney) gives the agent authority to act only in a limited number of situations. For example, powers of attorney are routinely used to allow someone to execute documents related to a specific real estate transaction when the seller is unable to be present at closing.

3. Choose an effective date. Unless the document provides otherwise, the power of attorney will become effective as soon as it is signed by the principal. Alternatively, the principal may provide that the agent's powers only become effective upon the occurrence of some future event, such as the incapacity of the principal. A power of attorney containing a deferred effective date is called a springing power of attorney.

4. Describe termination events. Powers of attorney terminate automatically when the principal dies. However, most states now provide by statute that an otherwise valid power of attorney will remain effective even if the principal becomes seriously ill or mentally incapacitated. If this result is not desirable, the principal should specify that the agent's powers shall cease upon the death, disability or incapacity of the principal. A power of attorney that does not contain such limitations or otherwise provide a termination date is known as a durable power of attorney.

5. 
    
   Signing the document. Caitlinator: flickr.com

   Sign and witness the document. The power of attorney must be signed by the principal before it will be valid. While witnessing requirements may vary from state to state, the principal's signature must typically be witnessed by two individuals (the agent may not be a witness), and the document must also be acknowledged before a notary public.

6. Record the document. When a power of attorney is used in conjunction with a real estate transaction, the document should be recorded in the land records for the county in which the real estate is located. Recording the power of attorney creates a record in the chain of title demonstrating the agent's authority to act for the principal in the transaction.

Tips & Warnings

• A mentally incapacitated person cannot confer a power of attorney; however, probate courts have the authority to confer similar authority through conservatorship proceedings.
• Never sign a document you do not fully understand. You should seek advice from an attorney licensed in your state before signing any legal document.

References

• American Bar Association Estate Planning FAQs
• S.C. Code of Laws Section 62-5-502
• Elder and Disability Rights Q&A, Michigan State Bar

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