How to Arrange a Power of Attorney
A power of attorney is a document authorizing someone else (usually a friend or relative) to make decisions and act on your behalf in certain situations. In a power of attorney, you are referred to as the "principal," and the person you appoint to act on your behalf is referred to as the "agent" or "attorney-in-fact." (The use of the word "attorney" does not mean the person you assign powers to has to be a lawyer.) A power of attorney is simple to create, and can be revoked or canceled at any time.
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Instructions
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Decide who you would like to appoint as your "agent" or "attorney-in-fact." This person should be someone you trust, and be "of sound mind," meaning they have the ability to reason and make logical decisions on your behalf. (It is best to discuss your wishes with this person before you arrange the power of attorney.)
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Decide what kind of power of attorney you wish to arrange. You may choose from many options, including a general power of attorney; a special or limited power of attorney; a health-care power of attorney; or a durable power of attorney.
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Find a physician to certify that you are of sound mind and able to understand the power of attorney you are arranging, if there is a question as to your own mental competence.
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Use one of the many legal resources to find a sample power of attorney form (see Resources below).
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Edit the power of attorney form to reflect your personal information and the identity of your chosen "agent" or "attorney-in-fact."
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Print the edited power of attorney form.
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Sign and date the power of attorney.
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Instruct your "agent" or "attorney-in-fact" to sign and date the power of attorney as well.
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If you require a physician to certify your mental competence, have the physician sign and date his certification, then attach it to your power of attorney.
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If you choose to have a notary present while you execute the power of attorney, have the notary sign and date the document, then imprint it or stamp it with the notary seal.
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Provide a copy of the power of attorney to your "agent" or "attorney-in-fact" to use if she has to prove that you have authorized her to make decisions on your behalf.
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Provide a copy of your power of attorney to any friends, relatives, medical providers or anyone else who needs to be aware of your wishes.
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If your power of attorney relates to real estate in any way, file a copy of the power of attorney with the local deed office.
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Tips & Warnings
Outline your wishes for the most important decisions in your life (financial, property or medical treatment), and provide that outline in writing to your "agent" or "attorney-in-fact" to be sure he understands your wishes.
If you have been diagnosed with Alzheimer's, dementia or any other illness that affects your memory or mental capacity, you must have a physician certify that you are of sound mind at the time you sign your power of attorney.
Notarizing your power of attorney makes it more difficult for someone to challenge the validity of the document, and makes it easier for your "agent" or "attorney-in-fact" to prove he is authorized to make decisions on your behalf.
If you wish to record your power of attorney for real estate transactions, it must be notarized.
Be sure that the person you appoint as your "agent" or "attorney-in-fact" is someone you can literally trust with your life.
Be sure that your "agent" or "attorney-in-fact" fully understands your wishes with regard to your finances, property, medical decisions, etc., so she can make proper decisions on your behalf. A power of attorney does not revoke your ability to make your own decisions, but it can be a hassle to "undo" anything that an "agent" or "attorney-in-fact" does on your behalf if she makes a wrong decision.
References
Resources
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