How to Write a Power of Attorney Contract
A "power of attorney" is a legal right bestowed upon one individual (the principal) on another individual (the agent or "attorney-in-fact) to act on the principal's behalf. It is a legal document that can be enforced through the court system. If you wish to write a power of attorney document for yourself, you must think critically and carefully about what legal rights you want your attorney-in-fact to have and how long you want your attorney-in-fact to have them. Remember: once you enter into the contract, your attorney-in-fact has the rights listed in your document.
Other People Are Reading
Instructions
-
-
1
Begin the form by clearly identifying yourself, your attorney-in-fact, and your intention to bestow upon your attorney-in-fact the rights set forth in the document. A statement such as "I, [NAME], of [ADDRESS] hereby appoint [ATTORNEY-IN-FACT NAME], of [ATTORNEY-IN-FACT ADDRESS], as my agent and attorney-in-fact. It is my intention that my agent have all of the powers set forth in this document."
-
2
Appoint a substitute agent in the event that your first choice refuses the appointment. A power of attorney must be voluntarily entered into between you and your agent. Your agent may refuse; list a second person to act as your agent if your first refuses.
-
-
3
Revoke all other power of attorney forms that you have signed. Include a statement such as "I revoke all prior powers of attorney that have been previously signed by me." This will prevent others from claiming older documents were a power of attorney and should be in effect instead of the one you are drafting.
-
4
List, using numbers or bullet points, each specific duty that you intend your attorney-in-fact to have. For instance, if you want your agent to act as your banker, state: "(1) Act as my banker." Beneath that, spell out what your agent can do as your banker (open accounts, make deposits, conduct business with banking institutions).
-
5
Sign and date the power of attorney form in front of a notary and have the document notarized. Have two witnesses sign and date the document as well. After listing each specific duty, end the form with your signature and the signatures of two witnesses.
-
6
Make copies of the document. Provide your attorney-in-fact with a copy of the document and keep a copy for your own records.
-
1
Tips & Warnings
Use a legal form to guide your writing process. Like other legal forms, many power of attorney forms contain the same or similar language. Use a form to guide your writing process. One has been provided by ilrg.com, in References.
