![]() Discuss what authority the grantor wants to give the agent.Decide on a durable or non-durable POA.Help the grantor decide which type of POA to create.At that point, court proceedings may be required. If you lose the capability of managing your affairs, it's too late. But don’t delay, or there may be costly consequences since the grantor must be mentally competent to create a power of attorney. If you aren't comfortable granting broad powers at once, you can do so gradually. These documents can be valuable for you and the rest of your family. Consult Trusted Advisors: Trusted professional advisors, such as lawyers, accountants, and doctors, can help you understand the wisdom and necessity of adopting POAs.Or you can name two agents and require they agree on major transactions, such as the sale of a home. Safeguards: If you're concerned about how your affairs will be handled, make sure the POA requires that the agent periodically report all actions taken to a trusted third party whom family members agree upon, such as the family’s lawyer or accountant.Start Small: A special POA can be used only to provide a convenience that you will value as a parent, such as one that enables your children to prepare and file your tax return and manage your dealings with the IRS.It also requires a POA that transfers real estate to be recorded by the county in which the property is located. For instance, Ohio requires that any POA used to grant grandparents guardianship over a child must be filed with the juvenile court. File It: Some states require specific kinds of POAs to be filed with a court or government office before they can be made valid.But recording is standard practice for many estate planners and individuals who want to create a record that the document exists. Record It: Not all powers of attorney must be recorded formally by the county to be legal.Even in states that don't, it is potentially easier for the agent if a notary’s seal and signature are on the document. Notarize the POA: Many states require powers of attorney to be notarized.If this happens, the only way an agent can keep their powers is if it was written with an indication that it is durable, a designation that makes it last for the principal's lifetime unless the principal revokes it. Specify Durability: In most states, a POA terminates if the principal is incapacitated.In other words, the principal cannot grant sweeping authority such as, “I delegate all things having to do with my life.” However, each of the powers granted must be clear, even if the principal grants the agent a general POA. Delegate the Powers: A POA can be as broad or as limited as the principal wishes.Check whether your state requires that you use specific terminology. The individual who receives the power of attorney is called either the agent or the attorney-in-fact. Identify the Parties: The term for the person granting the POA is the principal. ![]() To find a form that will be accepted by a court of law in the state in which you live, perform an internet search or ask a local estate planning professional to help you. The POA must also satisfy the requirements of your state. Decide what powers you wish to grant and prepare a POA specific to that desire. Some POAs are short-lived while others are meant to last until death. Use the Proper Format: Many variations of POA forms exist.Written clarity helps to avoid arguments and confusion. Put It in Writing: While some regions of the country accept oral POA grants, verbal instruction is not a reliable substitute for getting each of the powers of attorney granted to your agent spelled out word-for-word on paper.A third party is usually required to witness it. Documents can be obtained online or through a lawyer. The principal must choose a POA who they trust to handle their affairs for them. ![]() It is used in the event of a principal's temporary or permanent illness or disability, or when they can't sign necessary documents.
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