Write an Ordinary Power of Attorney

A Power of Attorney is a legal document whereby a person gives another person or people written authority to make decisions on their behalf. with regard to their financial affairs, their health and personal welfare or some other legal matter. An ordinary power of attorney is useful if you have a short-term physical illness or injury, or you are going abroad. In those circumstances it can empower someone else to look after your affairs. I would not, however, give them complete control over your assets in the event that you become incapacitated.

Steps

Determine if Giving Power of Attorney Is Right for Your Circumstances

1. Talk to your loved one about giving up power of attorney.If you want to give up your power of attorney, talk to your loved ones. Explain why you want them to have this control. Make sure you choose someone who will respect your wishes as your “agent” (the person you are empowering to act for you). If you want to get power of attorney over someone, the simplest way to do so is to get their permission.
   • In order for someone to grant power of attorney, he or she must be of sound mind. Talk to your loved one to make sure he or she understands what it means to sign over power of attorney. Make clear that certain types of decisions will be made on his or her behalf.
   • If your loved one is already mentally incapacitated and did not grant power of attorney in a living will, it may be necessary to obtain conservatorship. Conservatorship is essentially adult guardianship. It will allow you to legally carry out your loved one's affairs. To obtain a conservatorship, you must go to a court and ask to be appointed as conservator or guardian. The court must deem the individual to be legally incompetent. This means that the court believes that they can no longer take care of their own basic needs.
   • The district court in the county where the proposed ward lives has jurisdiction over the guardianship petition. After the petition is filed, the court will schedule a hearing where the proposed guardian must establish certain facts. First, they must show that the proposed ward is incompetent. Second, they must establish that no suitable alternatives to guardianship are feasible. Finally, they must show that they are eligible to serve as guardian.
   • Any interested party, including the proposed ward, may challenge the guardianship petition. For example, let us say that you believe that your elderly mother has dementia and you should be appointed guardian. . Your mother can challenge your guardianship. You must then prove that she does in fact have dementia in order to become guardian.
2. Choose the right person to hold power of attorney. The person appointed as your power of attorney (your “agent”) will have the power to make financial and/or health-care decisions for you. You must select someone that you trust and that has the necessary expertise. Keep in mind that whoever you appoint as your agent will be making important decisions in your stead. Consider the age, health and location of the potential agent. For example, if the agent does not live near you, it may be difficult for them to be in contact with your banks or your doctors.
   • Also, consider the agent’s religion and lifestyle preferences. You want to make sure that you choose a person who will not refuse to carry out your wishes based on their own moral or religious views. Some people are very opposed to cardiac resuscitation, mechanical resuscitation, and artificial nutrition and hydration. Others strongly believe in pursuing all medical options to extend life. You would want to make sure that your agent could set aside any personal beliefs in favor of your wishes.
3. Determine which type of power of attorney that you need. Power of attorney documents can pertain either financial matters, health care, or both. There are also two varieties of power of attorney: durable and non-durable.
   • A financial power of attorney enables someone to make financial decisions for the person who grants it.
   • A health care power of attorney enables someone to make medical decisions for an incapacitated individual.
   • A regular (non-durable) power of attorney will remain in effect for the duration that is specified in the document. It will cease to have an effect if the principal becomes incapacitated.
   • Alternatively, a durable power of attorney will remain in effect after the principal is incapacitated.

Writing a Power of Attorney Document

1. Check your state's requirements. Requirements for power of attorney are similar in most states, but some have special forms to fill out. Usually, the document granting power of attorney must identify the principal (the person who is granting the power), identify the agent (the person who will have the specified powers); and, specify exactly what legal acts the agent is entitled to perform.
   • Research the requirements for your state. Many do have specific forms designed for use in their states. You can check online, including such websites as uslegalforms.com and powerofattorney.com.
2. Download or write a power of attorney form. In most states the forms don't have to be government-written legal documents. However, to prevent confusion it's a good idea to use a state-issued form as a template.
   • See Wisconsin's Financial Power of Attorney Form (link below) for an example of a state-issued power of attorney for finances.
   • See Wisconsin's Health Care Power of Attorney Form (link below) for an example of a state-issued power of attorney for medical concerns.
3. Name the parties and the powers granted. The form should include the full name of the "principal," the person granting power of attorney. It must also list the "agent," the person to whom the power is being granted. The form should stipulate exactly what authority the principal is handing over to the agent.
   • Additionally, make sure that the principal and agent know that some powers cannot be conferred under state law. If the power of attorney purports to transfer a power under state law that cannot be transferred, that portion of the power of attorney is void. For instance, even if the principal and the agent agree, the agent cannot write or execute a will for the principal. Any such will is not valid.
   • Alternate agents may also be named. This is for use in the event that the first agent is unable or unwilling to act at the appointed time.
4. Gather witnesses. In some states it is necessary to have the signing of the document witnesses by one or two people. For instance, in Florida, a power of attorney document must be signed by two witnesses. In Utah, no witnesses are required.
   • If it is required in your state, make sure witnesses are present as both the agent and the principal sign the document. Make sure that the witnesses watch you and your loved one sign the power of attorney document. If the witnesses are not paying attention when you and your loved one sign the document, they will not be able to testify to the document’s authenticity. They cannot testify if the documents is challenged in court.
   • You can check online for your state requirements. The information for each state is available at uslegal.com.

Protect Your Power of Attorney

1. Consider hiring an attorney to review the document. An attorney may notice legal issues that people who aren't trained in legal matters would not think to include or leave out. An attorney may notice that the document uses language that could been seen as ambiguous. Ambiguity can lead to legal complications. You must remove all such language before the power of attorney is executed.
   • Even if you do not hire an attorney to look over the document, there are a few things you can do to make the document clearer. Make sure you specifically identify the powers that are being granted to the agent, when those powers will take effect, and when (if ever) those powers will cease to have an effect. This will prevent confusion. For example, instead of saying that the agent “has power over the principal’s finances,” say that the agent “has the power to withdraw money and make payments from the principal’s three bank accounts: bank account X, bank account Y, and bank account Z.”
2. Show the power of attorney document to necessary financial institutions. Financial power of attorney documents must pass the scrutiny of the applicable financial institutions. Financial institutions do not want to inadvertently accept fraudulent power of attorney documents. They usually have some requirements that must be met in order to accept the document and give the agent the powers listed.
   • In order to make sure that your document is sufficient, show it to your bank and other financial institutions before signing it. This should ensure that they will accept it after it is signed.
3. Have the power of attorney document notarized. Some states require the agent and the principal to sign the power of attorney document in front of a notary. However, even if your state does not require notarization, it does eliminates any doubt regarding the validity of the principal's signature. Therefore, notarizing the power of attorney document reduces the chance that it will be contested in court. For more information, check out wikiHow’s guide on How to Notarize a Document.
4. Save the power of attorney document. A power of attorney is not filed at any governmental agency, but you must have it on hand and present it every time you use it. Keep it in a safe in your home or in a safety deposit box until the time comes when you need to bring it out.

Tips

• This article is for information purposes only. If you have additional questions about a general power of attorney you should contact a lawyer.

Sources and Citations

See also

• Save a Fortune on Agreements and Contracts
• Get Out of a Non Compete Agreement
• Change a Contract of Employment
• Amend a Living Trust
• Write a Police Report
• Write a Consignment Contract
• Write a Breach of Contract Letter
• Write a Contract for Selling a Car
• Fill Out a Car Title Transfer
• Get Joint Custody

Read more ...

What links here

• Estate Plan With Blended Families