By using this website, you agree to our use of cookies to analyze web traffic and improve your experience on our website. Notary Public. Principal Only. Notary Public and 1 Witness. Notary Public or 1 Witness. Notary Public or 2 Witnesses. Notary Public and 2 Witnesses. Notary Public and 2 Witness. Principal and Representative. New Hampshire. Principal Only 2 Witnesses in Certain Circumstances. New Mexico. Alternatively, the agent is automatically removed as the primary attorney-in-fact if they become incapacitated or pass away.
Not typically. Although it is possible to create a contract that encompasses both financial and medical powers, the principal should create two 2 separate contracts: both a durable POA for finances and a durable power of attorney for health care. Theoretically speaking, it may be possible at least in some states for medical POA matters to be included in a standard durable POA. In the first field, enter the full name of the person assigning decision-making powers the principal.
Then, enter the following details of the agent the person the principal is giving powers to :. This field is optional. However, it is strongly recommended that the principal select at least one 1 successor agent.
If the primary agent cannot complete their duties for whatever reason, the successor agent will take on the role of the primary agent.
For each successor agent, the principal will need to enter their full name, address, and phone number. To assign powers, the principal needs to write their initials in the box directly to the left of each subject they wish to grant power over.
If the principal wants to grant full authority to the agent, they will need to put their initials in every box, for a total of thirteen 13 initials. If there are any powers the principal wishes to grant authority over that are not included in the list provided in Step 3, write them in the lines provided. Initials do not need to be placed next to the powers assigned. The principal has two 2 options to choose from in setting how the POA goes into effect.
They are as follows:. This optional section is used for nominating a guardian. It is very important to understand that guardians are court-appointed. By entering the information of a person, the principal is only suggesting that the person be their guardian. To complete the principal-specific fields of the POA, the principal will need to enter the following information:.
This section is used for establishing the laws in which the agent is governed by. In the two 2 fields provided, enter the name of the state in which the principal resides. By writing the information above and their signature Step 9 , the agent states, to the best of their knowledge, that:. To officially and legally accept the responsibilities bestowed upon them by the principal, the agent will need to enter the following:.
Copies of the form should be made and distributed to all necessary parties. Durable Power of Attorney Forms. Email Delivery. Word Download. Power of Attorney Safety Tips. Take a look especially at the difference the wording "durable" or "lasting" can make to your General Power of Attorney form further down on this page. If you have elderly parents, this could become very important should they lose intellectual capacity.
Then scroll back up here to select the type of power of attorney form best suited for your requirement. We take a quick look at the most commonly used documents and guidelines for their use:. It is advisable to use this type of form, rather than a general power of attorney as far as possible. In most cases you can issue this form to let your Agent take take of specific duties only e. This need not be a durable power of attorney and must state an expiration date after which it automatically becomes null and void.
Your POA must be notarized to be accepted by Government offices, financial institutions and real estate registry offices. This free power of attorney form grants extensive powers to an Agent and is most often used as part of estate planning. If you made it a durable POA , it can also cater for the circumstance should you become mentally or physically incapable from handling your affairs.
If you do not have this durable document in place, the state will decide on who will take the responsibility. A family member will typically have to petition the court to be appointed as conservator or guardian of an adult.
During this process the court needs to be satisfied that:. Therefor, to avoid possible costly disputes and difficulties for your family, it is advisable for elderly people to have a durable general power of attorney in place. Very Important Note: A power of attorney always expires upon your death.
Thereafter, the person you appoint in your last will and testament as executor , in effect becomes your Agent and it may well be one and the same person. Normally a power of attorney comes into effect from the date you signed the document. This does not mean that you can not make decisions thereafter - as long as you are legally competent, your Agent must follow your instructions.
The alternative is to compile a " Springing Power of Attorney ". This means that the document is dormant and "springs" into effect only when you become incapacitated.
In this form you can issue instructions for example that your appointed physician or two licensed practitioners pronounce you incompetent or the laws of the land will determine incompetence.
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