It sounds perfect to add a co-signer on your bank account. That way, if you were sick or just didn’t feel up to keeping on top of your monthly bills, your offspring could write and sign the checks for you. And down the road, after your death, the child whose name is on the account as a co-owner could use the money in the account as a ready source of cash for funeral and other expenses. Your other assets, after all, might not be easy to get at quickly—some assets might need to go through probate, which takes months.
So, what’s the problem? There are several potential issues.
Misuse. Of course, you don’t think your child would use the money for anything but your benefit, but it happens. Aside from outright dishonesty, pressure from a spouse or creditor could push a child to “borrow” money that never gets paid back.
Creditors. The creditors of a co-owner who gets into debt trouble could try to seize the account. In a divorce, the co-owner's spouse could claim that some of the funds belong to the co-owner.
Sibling conflict. The person you make a co-owner of a joint account will legally inherit the money in the account after your death. (Almost all joint accounts come with what’s called the “right of survivorship,” which means the surviving co-owner keeps the money.) Is that what you want—or do you intend for the money to be split among all of your children?
You might think everyone understands your wishes, but the account co-owner won’t be legally obligated to share the funds after your death. (The other siblings might be able to sue over the money, and prove that you didn’t mean it to be a gift—but that’s little consolation, given that a lawsuit is guaranteed to severely deplete both family harmony and money.)
The best way to give someone authority over your financial matters is to sign a document called a “durable power of attorney for finances,” naming someone you trust as your “attorney-in-fact.” This gives the person the right to handle financial or property matters for you. (You can give broad or limited authority.) When it comes to your bank accounts, your attorney-in-fact is free to spend your money, with two very important restrictions:
Banks can be difficult about accepting powers of attorney, so it can be helpful to make sure your bank knows about your power of attorney before your attorney-in-fact uses it to make payments or deposits. You should take the signed, notarized durable power of attorney to the bank, so it has the document on file.
When choosing an attorney-in-fact, pick someone who is trustworthy. Even though your attorney-in-fact is legally obligated to use the funds for your benefit, a person with bad intentions can use your power of attorney to steal from you.
Luckily, there are significant risks for a dishonest attorney-in-fact who decides to misuse your funds. An attorney-in-fact who abuses a power of attorney can be criminally prosecuted or ordered to repay you. But a criminal prosecution or a court order to repay might be a hollow victory. If your attorney-in-fact spent all your funds and doesn’t have other funds to repay you, you might never be fully reimbursed.
Learn more about durable financial powers of attorney.
Another option, in about half the states, is something called a “convenience account.” This kind of bank account lets you give someone authority to use the funds for your benefit only. There’s no right of survivorship, so after your death the money goes into your estate, not to the convenience signer.
A convenience account works like a power of attorney, except that the signer’s authority is limited to the particular account. But it’s the same idea, and the same rule applies: The convenience signer doesn’t own the money, but can use it only on your behalf. Family members won’t be uncertain about whether or not you want the convenience signer to inherit the money in the account, either.
These accounts are authorized by a law called the Uniform Multiple-Party Accounts Act, which many states have adopted. Convenience accounts may be available in other states, too; you’ll have to inquire at your bank.
]]>You can make several different types of POAs in Illinois. In particular, many estate plans include two POAs:
In most estate plans, both of these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Illinois.
For your POA to be valid in Illinois, it must meet certain requirements.
The person making a power of attorney must be of sound mind, but the exact contours of this mental capacity requirement are open to interpretation by Illinois courts. If you're helping someone make a POA and are unsure whether the person has the necessary mental capacity, you should consult an attorney.
To make a POA in Illinois, you must sign the POA in the presence a notary public and at least one witness. The notary public can't act as the witness. A notary or witness can be "electronically present"—meaning they can witness your signature in real time using audio-video technology. (755 Ill. Comp. Stat. § 6/11-40 (2024).)
Additionally, the following people can't be your witness or notary:
(755 Ill. Comp. Stat. § 45/3-3.6 (2024).)
These rules help ensure that your witnesses are disinterested—that is, they're unlikely to have ulterior motives when witnessing your signature.
In addition, Illinois requires that certain language (including warnings and notices) be included in the POA. If you make your POA using a statutory form, reputable software program, or local attorney (see "Steps for Making a Financial Power of Attorney," below), the resulting POA should automatically incorporate the required language.
Illinois offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire an Illinois lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
The process of making your POA in Illinois includes considering a list of powers to be granted to your agent. For example, you'll see that your agent has the power to conduct:
If you're using a form, you'll likely need to strike out any specific power that you don't want to give your agent; otherwise, all your agent will have the ability to act on your behalf in all of these areas. If your circumstances require further tailoring, there is typically also a section in your POA that allows you to further limit or extend the powers you grant to your agent.
In Illinois, your power of attorney is durable by default (meaning it remains effective after your incapacitation) unless you explicitly state otherwise in the document.
As mentioned, you can't simply sign the document and call it a day. In Illinois, you must notarize the POA and have it witnessed by at least one person who meets the requirements listed above. (See "Witnessing and Notarization Requirement" above.)
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct real estate transactions, you should also file a copy of your POA in the land records office (called the recorder of deeds in Illinois) in the county where you own real estate. This will allow the recorder of deeds to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Illinois allows you to appoint co-agents who are authorized to act at the same time, but if you, your software, or your attorney uses the statutory form, you'll see that there's space for only one agent. It's usually advisable to stick to just one agent anyway, to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
In Illinois, your POA will state the date that it becomes effective. It's quite common for the POA to become effective immediately, as soon as it's signed, notarized, and witnessed.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Illinois, if your spouse is named as your agent in your POA, that designation automatically ends if you get divorced. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Illinois estate planning issues, see our section on Illinois Estate Planning.
]]>You can make several different types of POAs in Massachusetts. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Massachusetts.
For your POA to be valid in Massachusetts, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Massachusetts courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
While Massachusetts law does not technically require a POA to be notarized, signing your POA in the presence of a notary public is very strongly recommended. Many financial institutions will not want to rely on a POA unless it has been notarized—a process that helps to authenticate the document.
If needed, a notary or witness can be "electronically present"—meaning they can witness your signature in real time using audio-video technology. (Mass. Gen. Laws ch. 222, § 28 (2024).)
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire an Massachusetts lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to engage in these types of matters:
In Massachusetts, your POA is not durable by default. To be durable, the document must state that it remains effective even after incapacitation. Massachusetts' laws suggest this wording: "“This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time." (Mass. Gen. Laws ch. 190B, § 5-501 (2024).)
As mentioned above, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the registry of deeds in Massachusetts) in the county or counties where you own real estate. This will allow the registry of deeds to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Massachusetts allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on Massachusetts estate planning issues, see our section on Massachusetts Estate Planning.
]]>You can make several different types of POAs in Wyoming. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Wyoming.
For your POA to be valid in Wyoming, it must meet these requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Wyoming courts. If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
While Wyoming does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Wyoming law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Wyoming offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan, if you like) that meets your specific aims and is valid in your state. You can also hire a Wyoming lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
Under Wyoming's updated power of attorney laws, if you made your POA in 2018 or later, your POA is durable (effective even after incapacitation) by default unless it explicitly states otherwise. This default was not in place prior to 2018.
As mentioned above, in Wyoming, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to deal with real estate in the future. In Wyoming, this office is part of the county clerk's office. If you put your POA on file, the county clerk's office will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But when naming an agent, you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Wyoming allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Wyoming, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Wyoming planning issues, see our section on Wyoming Estate Planning.
]]>You can make several different types of POAs in Wisconsin. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Wisconsin.
For your POA to be valid in Wisconsin, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Wisconsin courts, and there have not been many cases on the subject. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
While Wisconsin does not technically require you to get your POA notarized, notarization is strongly recommended. Under Wisconsin law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Wisconsin offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan, if you like) that meets your specific aims and is valid in your state. You can also hire a Wisconsin lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Wisconsin, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in Wisconsin, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to deal with real estate in the future. In Wisconsin, this office is called the register of deeds. If you put your POA on file, the register of deeds will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Wisconsin allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Wisconsin, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Wisconsin planning issues, see our section on Wisconsin Estate Planning.
]]>You can make several different types of POAs in West Virginia. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in West Virginia.
For your POA to be valid in West Virginia, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by West Virginia courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
West Virginia requires you to sign your POA and get it notarized (certified by a notary public).
West Virginia offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan, if you like) that meets your specific aims and is valid in your state. You can also hire a West Virginia lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In West Virginia, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in West Virginia, you must have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to deal with real estate in the future. In West Virginia, this office is is part of the county clerk's office. If you put your POA on file, the county clerk's office will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
West Virginia allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in West Virginia, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on West Virginia planning issues, see our section on West Virginia Estate Planning.
]]>You can make several different types of POAs in Washington. In particular, many estate plans include two POAs that are effective even if you become incapacitated:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Washington.
For your POA to be valid in Washington, it must meet certain requirements.
The person making a power of attorney must have the mental capacity to do so. While the exact contours of the mental capacity requirement are open to interpretation by Washington courts, generally, people creating POAs should be able to understand their actions. If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
To make a POA in Washington, you must sign in the presence either of (1) a notary public or (2) two witnesses.
Even though you have a choice in Washington, it's best to at the very least have your POA notarized (if not witnessed as well), since many financial institutions will require it before they allow your agent to act under the POA. If you want your agent to be able to conduct real estate transactions, your county land records office will likely require a notarized document as well.
If you do choose to go the witnessing route, the witnesses cannot be:
(Wash. Rev. Code 11.125.050.) These restrictions help to avoid conflicts of interest.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan, if you like) that meets your specific aims and is valid in your state. You can also hire a Washington lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to:
In Washington, if you want the power of attorney to be durable (so that it remains effective after your incapacitation), the document must explicitly state so. Washington's power of attorney statute suggests wording such as "This power of attorney shall not be affected by disability of the principal," or similar. (Wash. Rev. Code § 11.125.040.)
As mentioned above, you can't simply sign the document and call it a day. In Washington, you should have your POA notarized. Washington also allows you to have your POA witnessed by two people instead, but it's usually best, at the very least, to have your POA notarized. (See above.)
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you chose "real property transactions" as one of the powers you granted to your agent, you should also file a copy of your POA in the land records office (called the recorder's office in Washington) in the county where you own real estate. This will allow the recorder's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Washington allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Washington, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Washington estate planning issues, see our section on Washington Estate Planning.
]]>You can make several different types of POAs in Virginia. In particular, many estate plans include two POAs that are effective even if you become incapacitated:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Virginia.
For your POA to be valid in Virginia, it must meet certain requirements.
The person making a power of attorney must have the mental capacity to do so. While the exact contours of the mental capacity requirement are open to interpretation by Virginia courts, generally, people creating POAs should be able to understand the nature and consequences of their actions. (Martone v. Martone, 43 Va. Cir. 155 (Norfolk 1997).) If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
While Virginia does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Virginia law, when you sign your POA in the presence of a notary public, your signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. However, because these forms are often full of legalese, it's not always apparent how to fill them out. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan, if you wish) that meets your specific aims and is valid in your state. You can also hire a Virginia lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to:
In Virginia, your power of attorney is automatically durable (meaning that it remains effective after your incapacitation) unless the document explicitly states otherwise. (Va. Code § 64.2-1602.)
As mentioned above, you should have the POA notarized. This means signing it before a notary public, who will verify your identity and sign and stamp the document.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct real estate transactions, you should also file a copy of your POA in the land records office (a division of the circuit court clerk's office in Virginia) in the county where you own real estate. This will allow the circuit court clerk's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Virginia allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date or upon a future event.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Virginia, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Virginia estate planning issues, see our section on Virginia Estate Planning.
]]>You can make several different types of POAs in Utah. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Utah.
For your POA to be valid in Utah, it must meet these requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Utah courts. If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
Under Utah law, you must sign your POA in the presence of a notary public for it to be valid.
Utah offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and an estate plan) that meets your specific aims and is valid in your state. You can also hire a Utah lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Utah, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in Utah, you must have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to deal with real estate in the future. In Utah, this office is part of the county recorder's office. If you put your POA on file, the county recorder's office will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. There is one restriction, though. If you are living in, or about to live in, a hospital, assisted living or skilled nursing facility, or other similar facility, then you can't name as your agent:
There are some exceptions, such as if the agent happens to be your spouse, legal guardian, or principal, or if you're naming an agent solely to help you establish eligibility for Medicaid. (Utah Code § 75-9-105.)
When naming an agent, you'll also want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Utah allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Utah, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Utah planning issues, see our section on Utah Estate Planning.
]]>You can make several different types of POAs in Texas. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Texas.
For your POA to be valid in Texas, it must meet certain requirements.
Texas requires that the person making a power of attorney to have the ability to understand the nature and consequences of making the power of attorney. (In re Estate of Vackar, 345 S.W.3d 588 (Tex. App. 2011.) If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
In addition, Texas law requires that certain language, such as notices and warnings, be included in the POA. If you make your POA using a statutory form, reputable software program, or local attorney (see "Steps for Making a Financial Power of Attorney," below), the resulting POA should automatically incorporate the required language.
To finalize a POA in Texas, the document must be signed before a notary public.
Texas offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (or an estate plan) that meets your specific aims and is valid in your state. You can also hire a Texas lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include selecting, from a list, the specific powers you want your agent to have, and initialing each one. For example, you might choose to grant your agent power over:
You can also choose to grant your agent all of the powers in the list by initialing the "all the powers" line instead. An optional section in the POA allows you to further limit or extend your agent's powers if the standard list does not fit your goals.
In Texas, for your power of attorney to be durable, the document must explicitly state that it either becomes or remains effective when you are incapacitated. (In some states, POAs are durable by default, but this is not the case in Texas.)
As mentioned above, you can't simply sign the document and call it a day. In Texas, you must notarize the POA. This means that you must sign it before a notary public, who will verify your identity and sign and stamp the document.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent will need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you checked off "real estate transactions" as one of the powers you granted to your agent, you should also file a copy of your POA in the land records office of any county where you own real estate. (In Texas, this office is part of the county clerk's office.) This will allow the county clerk's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent or attorney-in-fact. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Texas allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan
In Texas, your durable financial power of attorney will typically state whether it takes effect immediately or upon your incapacitation. If it doesn't specify, the POA will take effect immediately by default. If you choose to make the POA effective only if you become incapacitated, your POA will usually define how your incapacity is determined—usually a doctor declaring that you are incapacitated. While it might seem attractive, there are many practical reasons why this type of "springing" power of attorney is not usually advised. It's usually better to choose an agent you trust completely, tell your agent when to begin using the POA, and make the document effective immediately.
Any power of attorney automatically ends at your death. It also ends if:
Additionally, in Texas, if your spouse is named as your agent in your POA, that designation automatically ends if you get divorced. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Texas estate planning issues, see our section on Texas Estate Planning.
]]>You can make several different types of POAs in Tennessee. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Tennessee.
For your POA to be valid in Tennessee, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Tennessee courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
While Tennessee's power of attorney laws are technically silent on the subject of notarization, you should sign your POA in the presence of a notary public. Many financial institutions will not want to rely on a POA unless it has been notarized—a process that helps to authenticate the document.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and an estate plan) that meets your specific aims and is valid in your state. You can also hire a Tennessee lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to engage in:
In Tennessee, your POA is not durable by default. To make the POA effective even after your incapacitation, Tennessee laws require an explicit statement. The law suggests wording such as: ““This power of attorney shall not be affected by subsequent disability or incapacity of the principal.” (Tenn. Code § 34-6-102.)
As mentioned above, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the register of deeds in Tennessee) in the county or counties where you own real estate. This will allow the register of deeds to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Tennessee allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on Tennessee estate planning issues, see our section on Tennessee Estate Planning.
]]>You can make several different types of POAs in South Dakota. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in South Dakota.
For your POA to be valid in South Dakota, it must meet these requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by South Dakota courts. If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
You must also have your POA notarized for it to be valid under South Dakota law.
South Dakota offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire a South Dakota lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In South Dakota, your POA is not durable unless it explicitly states that it remains effective after your incapacitation. In this respect, South Dakota differs from many states that have a default of durability. South Dakota's power of attorney statute suggests the following language if you want to make your POA durable: “This power of attorney shall not be affected by disability of the principal."
As mentioned above, you can't just sign the POA and call it a day. You must also have the POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to deal with real estate in the future. In South Dakota, this office is called the register of deeds. If you put your POA on file, the register of deeds will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
South Dakota allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in South Dakota, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on South Dakota planning issues, see our section on South Dakota Estate Planning.
]]>You can make several different types of POAs in South Carolina. In particular, many estate plans include two POAs that are effective even if you become incapacitated:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in South Carolina.
For your POA to be valid in South Carolina, it must meet certain requirements.
The person making a power of attorney (called a "principal") must be of sound mind. Under South Carolina law, the principal must have what's known as "contractual capacity," or the mental capacity to make a contract. In other words, the principal must be able to understand the nature and consequences of making the POA. If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
In South Carolina, the same witnessing requirements for a will apply to POAs. This means that you must sign your POA in the presence of two adult witnesses.
You must also have your POA notarized for it to be valid under South Carolina law.
As soon as possible after you have signed your POA and had it witnessed and notarized, you should record (file) it in the land records office (the register of deeds) in the county where you reside. South Carolina is a little stricter than other states in this respect, as most other states require you to record the POA only if you are granting your agent the power to handle real estate. In South Carolina, all POAs made in 2017 and later must be recorded in order to be effective upon your incapacitation.
If you are not incapacitated, you technically don't have to record your POA right away, but it's best not to procrastinate—you don't want to risk a situation where your agent is unable to rely on your POA.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire a South Carolina lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to:
In South Carolina, your power of attorney is automatically durable (meaning that it remains effective after your incapacitation) unless the document explicitly states otherwise. (S.C. Stat. § 62-8-104.)
As mentioned above, you can't just sign the POA and call it a day. You must also have the POA witnessed and notarized.
If you want your agent to be able to use your POA once you are incapacitated, you'll need to file it with the land records office (called the register of deeds in South Carolina) in the county where you live. Again, South Carolina is unique from other states in this respect.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
South Carolina allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in South Carolina, if your spouse is named as your agent in your POA, that designation automatically ends once get divorced. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent.
For more on South Carolina planning issues, see our section on South Carolina Estate Planning.
]]>You can make several different types of POAs in Rhode Island. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Rhode Island.
For your POA to be valid in Rhode Island, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Rhode Island courts, but generally, you must be able to understand the nature and consequences of your actions when you make a POA. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
Nearly all states require that you be 18 years of age or older to make a POA, but Rhode Island has a limited exception: you can make a POA if you're 17 years old if you're in active military service. However, your agent can't sell, dispose of, or mortgage any of your property. (See R. I. Gen. Laws § 34-22-8.)
For your power of attorney to be valid in Rhode Island, you must sign your POA in the presence of a notary public.
Rhode Island offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire a Rhode Island lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. (If you use Rhode Island's statutory form, you'll actually be striking out and initialing the powers you don't want your agent to have.)
For example, you might choose to grant your agent the power to engage in:
In Rhode Island, your POA is durable (effective even after your incapacitation) by default.
As mentioned above, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the recorder's office or town clerk's office in Rhode Island) in the county or counties where you own real estate. This will allow the recorder's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Rhode Island allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on Rhode Island estate planning issues, see our section on Rhode Island Estate Planning.
]]>You can make several different types of POAs in Pennsylvania. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Pennsylvania.
For your POA to be valid in Pennsylvania, it must meet certain requirements.
While Pennsylvania requires the person making a power of attorney to have the mental capacity to do so, neither the state's statutes or higher courts have defined exactly what kind of mental capacity is needed. However, some probate courts (called "orphans' courts" in Pennsylvania) have required that the person making a POA understand:
(DiStefano Trust, 30 Fid. Rep. 2d 1 (Phila. 2009).) If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
In addition, Pennsylvania requires that certain notices be included in the POA. If you make your POA using a reputable software program or local attorney (see “Steps for Making a Financial Power of Attorney,” below), the resulting POA should automatically incorporate the required language. You'll see it in capital letters at the beginning of the document, and you'll sign below the notices (as well as again at the end of the POA).
To finalize a POA in Pennsylvania, the document must be:
In Pennsylvania, the witnesses must be over 18, and can't be someone who is signing on behalf of the person making the document, someone named to be an agent in the POA, or the notary public.
In addition, Pennsylvania also requires your agent to sign an acknowledgment and attach it to the POA. This extra step helps ensure that your agent understands the responsibilities of the role. However, your agent need not do this until it becomes time actually to use the POA.
You can find sample language for this acknowledgment in Pennsylvania's statutes at Pa. Cons. Stat. § 5601(d).
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try Nolo's WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. (You can also use WillMaker to create a will or living trust.) Or you can hire a Pennsylvania lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power:
In Pennsylvania, the power of attorney is durable by default (meaning it remains effective after your incapacitation) unless you explicitly state otherwise in the document.
As mentioned above, you can't simply sign the document and call it a day. In Pennsylvania, you must notarize the POA and also have it witnessed by two people who are over 18, and who are not helping you sign the document, not named in the POA as agents, and not the notary public.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you selected “real estate transactions” as one of the powers you granted to your agent, you should also file a copy of your POA in the land records office (known as the office of the recorder of deeds in Pennsylvania) in any county where you own real estate. This will allow the land records office to recognize your agent’s authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you’ll want to take into account certain practical considerations, such as the person’s trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Pennsylvania allows you to appoint co-agents who are authorized to act at the same time, but it’s usually advisable to stick to just one agent to minimize potential conflicts. However, naming a “successor” agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. It also ends if:
Additionally, in Pennsylvania, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Pennsylvania estate planning issues, see our section on Pennsylvania Estate Planning.
]]>You can make several different types of POAs in Oregon. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Oregon.
For your POA to be valid in Oregon, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Oregon courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
While Oregon's power of attorney laws are silent on notarization, signing your POA in the presence of a notary public is very strongly recommended. Many financial institutions will not want to rely on a POA unless it has been notarized—a process that helps to authenticate the document.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire an Oregon lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to engage in:
In Oregon, your POA is durable (effective even after your incapacitation) by default.
As mentioned above, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the recorder's office in Oregon) in the county or counties where you own real estate. This will allow the recorder's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
While you can appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on Oregon estate planning issues, see our section on Oregon Estate Planning.
]]>You can make several different types of POAs in Oklahoma. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Oklahoma.
For your POA to be valid in Oklahoma, it must meet these requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by the courts, but Oklahoma courts require the person making a POA to have the mental capacity needed to make a contract—which is a stricter requirement than for making wills. Those making POAs must be able to understand the nature of their transactions. (Robertson v. Robertson, 654 P.2d 600 (1982).) If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
While Oklahoma does not technically require you to get your POA notarized, notarization is strongly recommended. Under Oklahoma law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Oklahoma offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire an Oklahoma lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Oklahoma, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in Oklahoma, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to deal with real estate in the future. In Oklahoma, this office is part of the county clerk's office. If you put your POA on file, the county clerk's office will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Oklahoma allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Oklahoma, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Oklahoma planning issues, see our section on Oklahoma Estate Planning.
]]>You can make several different types of POAs in Ohio. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Ohio.
For your POA to be valid in Ohio, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by the courts, but Ohio courts have stated that the mental capacity needed to make a POA is the same as the mental capacity needed to make a contract—which is a stricter requirement than for making wills. Those making POAs must understand the nature, scope, and extent of their transactions. (Testa v. Roberts, 542 N.E.2d 654 (1988).) If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
While Ohio does not technically require you to get your POA notarized, notarization is strongly recommended. Under Ohio law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Ohio offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire an Ohio lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Ohio, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in Ohio, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to deal with real estate in the future. In Ohio, this office is called the recorder's office. If you put your POA on file, the recorder's office will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Ohio allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Ohio, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Ohio planning issues, see our section on Ohio Estate Planning.
]]>You can make several different types of POAs in North Dakota. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in North Dakota.
For your POA to be valid in North Dakota, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by North Dakota courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
While North Dakota's power of attorney laws are silent on notarization, signing your POA in the presence of a notary public is very strongly recommended. Many financial institutions will not want to rely on a POA unless it has been notarized—a process that helps to authenticate the document.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire a North Dakota lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to engage in:
In North Dakota, your POA is not durable by default. To make the POA effective even after your incapacitation, North Dakota laws require a statement such as: “This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time.” (N. D. Stat. § 30.1-30-01.)
As mentioned above, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the recorder's office in North Dakota) in the county or counties where you own real estate. This will allow the recorder of deeds to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
North Dakota allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on North Dakota estate planning issues, see our section on North Dakota Estate Planning.
]]>You can make several different types of POAs in North Carolina. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in North Carolina.
For your POA to be valid in North Carolina, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by the courts, but North Carolina courts have stated that the mental capacity needed to make a POA is the same as the mental capacity needed to make a contract—which is a stricter requirement than for making wills. (O'Neal v. O'Neal, 803 S.E.2d 184 (2017).) If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
While North Carolina does not technically require you to get your POA notarized, notarization is strongly recommended. Under North Carolina law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
North Carolina offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire a North Carolina lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In North Carolina, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in North Carolina, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to deal with real estate in the future. In North Carolina, this office is called the register of deeds. If you put your POA on file, the register of deeds will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
North Carolina allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in North Carolina, if your spouse is named as your agent in your POA, that designation automatically ends if you get divorced. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on North Carolina planning issues, see our section on North Carolina Estate Planning.
]]>You can make several different types of POAs in New Mexico. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in New Mexico.
For your POA to be valid in New Mexico, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by New Mexico courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
While New Mexico does not technically require you to get your POA notarized, notarization is strongly recommended. Under New Mexico law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
New Mexico offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire a New Mexico lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or initialing, from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In New Mexico, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in New Mexico, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to deal with real estate in the future. In New Mexico, this office is part of the county clerk's office. If you put your POA on file, the clerk will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
New Mexico allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in New Mexico, if your spouse is named as your agent in your POA, that designation automatically ends once either of you files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent.
For more on New Mexico planning issues, see our section on New Mexico Estate Planning.
]]>You can make several different types of POAs in New Jersey. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in New Jersey.
For your POA to be valid in New Jersey, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by New Jersey courts. Generally, the courts have held that you need to be capable of understanding the nature and effect of your act when you make the POA. (In re Estate of Zaolino, 1998 WL 34001287 (N.J. Super. Ct. App. Div. 1998).) If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
To make a power of attorney in New Jersey, you must sign your POA in the presence of a notary public.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire a New Jersey lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to engage in:
In New Jersey, your POA is not durable by default. To make the POA effective even after your incapacitation, New Jersey laws require a statement such as: “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time.” (N.J. Stat. § 46:2B-8.2.)
As mentioned above, you must have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (part of the county clerk's office in New Jersey) in the county or counties where you own real estate. This will allow the recorder of deeds to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
New Jersey allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on New Jersey estate planning issues, see our section on New Jersey Estate Planning.
]]>You can make several different types of POAs in Missouri. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Missouri.
For your POA to be valid in Missouri, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Missouri courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
To make a durable power of attorney in Missouri (the most common type of POA in estate plans), you must sign your POA in the presence of a notary public. In addition, many financial institutions will not want to rely on a POA unless it has been notarized—a process that helps to authenticate the document.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire a Missouri lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to engage in:
In Missouri, your POA is not durable by default. To make the POA effective even after your incapacitation, Missouri laws require a statement such as: “THIS IS A DURABLE POWER OF ATTORNEY AND THE AUTHORITY OF MY ATTORNEY IN FACT SHALL NOT TERMINATE IF I BECOME DISABLED OR INCAPACITATED OR IN THE EVENT OF LATER UNCERTAINTY AS TO WHETHER I AM DEAD OR ALIVE.” (Mo. Stat. § 404.705.)
As mentioned above, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the recorder of deeds in Missouri) in the county or counties where you own real estate. This will allow the recorder of deeds to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Missouri allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Missouri, if your spouse is named as your agent in your POA, that designation automatically ends once either of you files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent.
For more on Missouri estate planning issues, see our section on Missouri Estate Planning.
]]>You can make several different types of POAs in Mississippi. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Mississippi.
For your POA to be valid in Mississippi, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Mississippi courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
While Mississippi's power of attorney laws are silent on the subject of notarization, signing your POA in the presence of a notary public is very strongly recommended. Many financial institutions will not want to rely on a POA unless it has been notarized—a process that helps to authenticate the document.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire a Mississippi lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to engage in:
In Mississippi, your POA is not durable by default. To make the POA effective even after your incapacitation, Mississippi laws suggest the following language: “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time." (Miss. Code § 87-3-105.)
As mentioned above, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the chancery clerk's office in Mississippi) in the county or counties where you own real estate. This will allow the chancery clerk's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Mississippi allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on Mississippi estate planning issues, see our section on Mississippi Estate Planning.
]]>You can make several different types of POAs in Maine. In particular, many estate plans include two POAs that are effective even if you become incapacitated:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Maine.
For your POA to be valid in Maine, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Maine courts. If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
While Maine does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Maine law, when you sign your POA in the presence of a notary public, your signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Your POA must include specific language that is conveniently set out in Maine's POA statute. (For the exact language, look up Maine Revised Statutes, Title 18-C, § 5-905.) While the rest of your power of attorney need not follow an exact form, the document must include a notice to the principal (the person creating the POA) as well as a notice to the agent. The notice to the principal warns you that you are giving away broad powers. The notice to agents informs agents that they are assuming certain legal duties by agreeing to act as your agents.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. However, because these forms are often full of legalese, it's not always apparent how to fill them out. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire a Maine lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to:
In Maine, your power of attorney is automatically durable (meaning that it remains effective after your incapacitation) unless the document explicitly states otherwise. (Me. Rev. Stat. Tit. 18-C § 5-904.)
As mentioned above, in Maine, you should also have the POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct real estate transactions, you should also file a copy of your POA in the land records office (in Maine, this office is called the register of deeds) in the county where you own real estate. This will allow the register of deeds to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Maine allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Maine, if your spouse is named as your agent in your POA, that designation automatically ends once either of you files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent.
For more on Maine planning issues, see our section on Maine Estate Planning.
]]>You can make several different types of POAs in Kentucky. In particular, many estate plans include two POAs that are effective even if you become incapacitated:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Kentucky.
For your POA to be valid in Kentucky, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Kentucky courts. If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
While Kentucky does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Kentucky law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it, and notarization is required if you're giving away the power to transact real estate.
Previously, Kentucky laws used to require that two disinterested witnesses sign the power of attorney as well. But since mid-2018, notarization has been sufficient. Still, if you anticipate conflict—such as family members protesting the validity of the POA—having your POA witnessed might help down the line.
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire a Kentucky lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to:
In Kentucky, your power of attorney is automatically durable (meaning that it remains effective after your incapacitation) unless the document explicitly states otherwise. (Ky. Rev. Stat. § 457.040.)
As mentioned above, in Kentucky, you should have the POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct real estate transactions, you should also file a copy of your POA in the land records office (in Kentucky, this is part of the county clerk's office) in the county where you own real estate. This will allow the county clerk's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Kentucky allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date or upon a future event.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Kentucky, if your spouse is named as your agent in your POA, that designation automatically ends once either of you files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent.
For more on Kentucky estate planning issues, see our section on Kentucky Estate Planning.
]]>You can make several different types of POAs in Kansas. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Kansas.
For your POA to be valid in Kansas, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Kansas courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
Kansas law requires that you sign your POA in the presence of a notary public.
The Kansas Judicial Council has created a form you can use to create your power of attorney, but it is not as customizable as some other options. Some private companies also offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire a Kansas lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to engage in:
In Kansas, your POA is durable if it is called a "durable power of attorney" and states that it remains effective after your incapacitation. Kansas laws suggest the following language: "“This is a durable power of attorney and the authority of my attorney in fact shall not terminate if I become disabled or in the event of later uncertainty as to whether I am dead or alive.” (Kan. Stat. § 58-652.)
As mentioned above, you can't simply sign the document and call it a day. In Kansas, you must also have your POA notarized or witnessed (preferably notarized).
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the register of deeds in Kansas) in the county or counties where you own real estate. This will allow the register of deeds to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Kansas allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on Kansas estate planning issues, see our section on Kansas Estate Planning.
]]>You can make several different types of POAs in Indiana. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Indiana.
For your POA to be valid in Indiana, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Indiana courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
Indiana law requires that you either sign your POA in the presence of a notary public or in the presence of two witnesses. Even though you have a choice in Indiana, it's usually best to choose notarization, since many financial institutions are used to seeing notarized POAs and might resist one that has been witnessed only. If you want your agent to be able to conduct real estate transactions, your county land records will probably require notarization as well.
If you do go the witnessing route, the witnesses cannot be:
(Ind. Code § 30-5-4-1.3(d)-(e).)
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire an Indiana lawyer to create a POA for you, though the cost will be higher. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power:
In Indiana, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated. (Ind. Code § 30-5-10-3.)
As mentioned above, you can't simply sign the document and call it a day. In Indiana, you must also have your POA notarized or witnessed (preferably notarized).
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the recorder's office in Indiana) in the county or counties where you own real estate. This will allow the recorder's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Indiana allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on Indiana estate planning issues, see our section on Indiana Estate Planning.
]]>You can make several different types of POAs in Colorado. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Colorado.
For your POA to be valid in Colorado, it must meet certain requirements.
The person making a power of attorney must be of sound mind. While the exact contours of this mental capacity requirement are open to interpretation by Colorado courts, and there have not been many cases on this subject, generally, a person making a POA needs to have "contractual capacity"—the ability to enter into contracts and conduct business. If you're helping someone make a POA and you're not sure if they have the necessary mental capacity, consult an attorney.
While Colorado does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Colorado law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Colorado offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire a Colorado lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or initialing, from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Colorado, if your POA was made on or after January 1, 2010, it is a durable POA unless it explicitly states that it terminates when you become incapacitated. (Prior to 2010, the opposite was true; POAs were non-durable by default.)
As mentioned above, in Colorado, you should have the POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the clerk and recorder's office in Colorado) in the county where you own real estate. This will allow the clerk and recorder's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Colorado allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Colorado, if your spouse is named as your agent in your POA, that designation automatically ends once either of you files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent.
For more on Colorado estate planning issues, see our section on Colorado Estate Planning.
]]>You can make several different types of POAs in California. In particular, many estate plans include two POAs that are effective even if you become incapacitated:
Both of these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in California.
For your POA to be valid in California, it must meet certain requirements.
California requires that the person making a power of attorney have a certain mental capacity, called the "capacity to contract." Notably, this requirement is more stringent than the capacity to make a will or trust. If you're helping someone create a POA, at a minimum you'll want to make sure that they are able to:
(Cal. Civ. Code § 39(b).) If you're helping someone create a POA and you're not sure if they have the necessary mental capacity, consult a lawyer.
To make a POA in California, you must sign your POA in the presence of a notary public if you used a statutory form (see below). If you didn't use a statutory form, you can either have the document notarized or sign it in the presence of two witnesses, or both. (Cal. Prob. Code §§ 4121(c) and 4122.) It's best to—at the very least—have your POA notarized, since many financial institutions will require it before they allow your agent to act under the POA. If you want your agent to conduct real estate transactions, your county land records office will require notarization as well.
A handful of states, including California, requires the agent to sign and date the POA as well. However, the agent need not do this until it becomes time to use the POA. (Cal. Prob. Code § 4128.)
California offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try Nolo's WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. (You can also use WillMaker to make your will or living trust.) Or you can hire a California lawyer to create a POA for you, though the cost will be higher. Many lawyers will also include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include granting your agent all powers or selecting (and initialing), from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent power over:
An optional section in the California POA also allows you to further limit or extend your agent's powers if the standard list does not fit your goals.
Note that if you use California's statutory form, the power of attorney is durable (meaning that it remains effective after your incapacitation). In the statutory form, you'll find this language: "This power of attorney will continue to be effective even though I become incapacitated." If you make a non-statutory POA, the power of attorney is not durable unless it explicitly says so.
As mentioned above, you can't simply sign the document and call it a day. In California, you must have the POA notarized.
In some cases, you can choose to have it witnessed by two people instead, though it's best to at the very least have your POA notarized. (See above.) If you do choose witnesses, they must be over 18 and they can't be named as agents in your POA.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document and can use it when needed.
If you initialed "real property transactions" as one of the powers you granted to your agent, you should also file a copy of your POA in land records office (called the Office of the County Clerk-Recorder in California) of any county where you own real estate. This will allow the land records office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
California allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA should say when it takes effect. If you used California's statutory POA form, it will say, "UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED." The POA takes effect as soon as you've signed and notarized it.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. It also ends if:
Additionally, in California, if your spouse is named as your agent in your POA, that designation automatically ends once either of you gets divorced. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent.
You usually don't need a lawyer to prepare a durable power of attorney for finances because it's a simple and straightforward document. As discussed above, California's state government has even created a statutory form POA for people to complete on their own by filling in the blanks. For more guidance and explanation, you can also try Nolo's bestselling WillMaker.
For more on California estate planning issues, see our section on California Estate Planning.
]]>You can make several different types of POAs in Arkansas. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Arkansas.
For your POA to be valid in Arkansas, it must meet these requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Arkansas courts. If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
While Arkansas does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Arkansas law, when you sign your POA in the presence of a notary public, your signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Arkansas offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. However, statutory forms are often full of legalese, and it's not always apparent how to fill them out. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire an Arkansas lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Arkansas, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in Arkansas, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document and can use it when needed.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to deal with real estate in the future. In Arkansas, this office is part of the circuit clerk's office. If you put your POA on file, the circuit clerk's office will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Arkansas allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Arkansas, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Arkansas planning issues, see our section on Arkansas Estate Planning.
]]>You can make several different types of POAs in Arizona. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Arizona.
For your POA to be valid in Arizona, it must meet certain requirements.
The person making a power of attorney must be of sound mind. In other words, at the time you make a POA, you must be "capable of understanding in a reasonable manner the nature and effect of the act of executing and granting the power of attorney." (Ariz. Rev. Stat. § 14-5506(D).) If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
Arizona law requires that you sign your POA in the presence of a notary public. A witness must also sign a statement before a notary. This witness cannot be:
While Arizona does not set out sample language for your entire POA in its state laws, the laws do provide some guidelines for what your document must contain. For example, your power of attorney must:
(See Ariz. Rev. Stat. § 14-5501(D) for the exact language.)
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire an Arizona lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power:
In Arizona, unlike many other states, a power of attorney is not durable by default (meaning it won't remain effective after your incapacitation). To be durable, your power of attorney must include words such as, “This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time.” (Ariz. Rev. Stat. § 14-5501(B)(1).)
As mentioned above, you can't simply sign the document and call it a day. In Arizona, you must also have your POA notarized and witnessed.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document and can use it when needed.
If you gave your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the recorder's office in Arizona) in the county or counties where you own real estate. This will allow the recorder's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Arizona allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on Arizona estate planning issues, see our section on Arizona Estate Planning.
]]>You can make several different types of POAs in Alaska. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Alaska.
For your POA to be valid in Alaska, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Alaska courts. If you're helping someone make a POA and have questions about the person's mental capacity, you should consult an attorney.
To make a POA in Alaska, you must sign the document in the presence of a notary public.
Alaska offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire an Alaska lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include selecting (or checking off), from a list, each specific power you want your agent to have. These powers might include, for example, the power to act in the following categories:
In Alaska, if you want the power of attorney to be durable (so that it remains effective after your incapacitation), the document must explicitly state so. Alaska's power of attorney statute suggests wording such as "This power of attorney shall not be affected by the subsequent incapacity of the principal.” (Alaska Stat. § 13.26.675.)
As mentioned above, you can't simply sign the document and call it a day. In Alaska, you must also have the POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent or attorney-in-fact so that your agent is familiar with the contents of the document and can use it when needed.
If you granted the power to deal with real estate to your agent, you should also file a copy of your POA in the land records office (called the Recorder's Office in Alaska). This will allow the Recorder's Office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your attorney-in-fact. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Alaska allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. Naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA should state when it takes effect. It's very common for the POA to become effective immediately.
In Alaska, it's also possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on Alaska estate planning issues, see our section on Alaska Estate Planning.
]]>You can make several different types of POAs in Iowa. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Iowa.
For your POA to be valid in Iowa, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Iowa courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
Iowa law requires that you sign your POA. If you are physically unable to sign, you may direct another person in your presence to sign your name. You also must acknowledge your POA before a notary public. The person you name as an agent in the POA can’t sign on your behalf and can’t serve as the notary. (Iowa Code § 633B.105 (2023).)
You may use a remote notary if needed. The remote notary must be approved by the state to perform remote notarizations and must use communication technology approved by the state. (Iowa Code § 9B.14A (2023).)
Iowa offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire an Iowa lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or initialing, from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Iowa, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated. (Iowa Code § 633B.104 (2023).)
As discussed above, you can't simply sign the document and call it a day. In Iowa, you must also have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the recorder's office in Iowa) in the county or counties where you own real estate. This will allow the recorder's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Iowa allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan. (Iowa Code § 633B.111 (2023).)
Your POA is effective immediately unless it explicitly states that it takes effect at a future date. (Iowa Code § 633B.109 (2023).)
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
(Iowa Code § 633B.110 (2023).)
Additionally, in Iowa, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead. (Iowa Code § 633B.110 (2023).)
For more on Iowa estate planning issues, see our section on Iowa Estate Planning.
]]>You can make several different types of POAs in Vermont. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Vermont.
For your POA to be valid in Vermont, it must meet certain requirements.
The principal (the person making a power of attorney) must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Vermont courts. Generally, you must be able to understand the nature and effect of your act when you authorize someone to act in your place. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
If you want your POA to be enforceable, you need to make sure it’s signed properly. As the principal, you must sign your POA. If you can’t physically sign the POA, you can direct another person to sign it in your presence. (Vt. Stat. tit. 14, § 4005 (2023).)
As of July 2023, a witness’s signature isn’t required for a Vermont POA to be valid—unless the POA gives the agent the authority to conduct real estate transactions. In that case, you’ll need one witness to sign your POA, and you’ll need to acknowledge your POA before a notary. (Vt. Stat. tit. 27, § 305 (2023).)
Using a notary isn’t required if you aren’t giving your agent the authority to conduct real estate transactions. But it’s still important to have your POA notarized. A notarized signature on a POA is presumed to be genuine under Vermont law, which will make it less likely that others will reject your agent’s authority. (Vt. Stat. tit. 14, § 4005 (2023).)
Vermont has a statutory form POA that you can use. If you use a notarized statutory form—or a notarized POA that is substantially similar to it—a person or business that refuses to accept your POA could be subject to a court order requiring acceptance and attorneys’ fees and court costs. (Vt. Stat. tit. 14, § 4020 (2023).)
Some private companies also offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan, if you wish) that meets your specific aims and is valid in your state.
You can also hire a Vermont lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will likely include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power to engage in:
In Vermont, POAs are durable by default, unless the POA includes a specific statement that it will be terminated by the incapacity or unavailability of the principal. (Vt. Stat. tit. 14, § 4004 (2023).)
As mentioned above, you should have your POA witnessed and notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You also should give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you gave your agent the power to conduct transactions with real estate, you need to file a copy of your POA in the land records office (part of the town or city clerk's office in Vermont) in the town or city where you own real estate. This will allow the town clerk to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you. (Vt. Stat. tit. 27, § 305 (2023).)
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Vermont allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan. (Vt. Stat. tit. 14, § 4011 (2023).)
Your POA is effective immediately unless it explicitly states that it takes effect at a future date. It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised. (Vt. Stat. tit. 14, § 4009 (2023).)
Any power of attorney automatically ends at your death. A durable POA also ends if:
(Vt. Stat. tit. 14, § 4010 (2023).)
Additionally, in Vermont, if your spouse is named as your agent in your POA, that designation automatically ends if you get divorced. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So, if you named a successor agent, that person would become your agent. (Vt. Stat. tit. 14, § 4010 (2023).)
For more on Vermont estate planning issues, see our section on Vermont Estate Planning.
]]>You can make several different types of POAs in Minnesota. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Minnesota.
For your POA to be valid in Minnesota, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Minnesota courts. If you're helping someone make a POA and are unsure about the person's mental capacity, you should consult an attorney.
While Minnesota technically requires you to get your POA notarized only if someone else is signing the document on your behalf, notarization is very strongly recommended. Many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it. (Minn. Stat. § 523.01 (2023).)
A handful of states, including Minnesota, also requires the agent to sign an acknowledgment. This extra step helps ensure that your agent has read the Notice to Attorneys-in-Fact section of the POA and understands the responsibilities of the role. However, your agent need not do this until it becomes time actually to use the POA. Sample language for this acknowledgment is found at Minnesota Statutes § 523.23.
Minnesota offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. (Minn. Stat. § 523.23 (2023).)
For a more user-friendly experience, try Nolo's WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. (You also can use WillMaker to create a will or living trust.)
Or you can hire a Minnesota lawyer to create a POA for you, though the cost will be higher. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include selecting (or checking off), from a list, each specific power you want your agent to have. These powers might include, for example, the power to act in the following categories:
In Minnesota, if you want the power of attorney to be durable (so that it remains effective after your incapacitation), the document must explicitly state so. Minnesota's power of attorney statute suggests wording such as "This power of attorney shall not be affected by incapacity or incompetence of the principal.” (Minn. Stat. § 523.07 (2023).)
As mentioned above, after signing the POA, you should have it notarized. If needed, you can use a remote online notary public in Minnesota. In remote online notarization, the notary public will verify your identity and notarize your POA by using real-time communication technology that uses both audio and video. (Minn. Stat. § 358.645 (2023).)
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your attorney-in-fact so that your attorney-in-fact is familiar with the contents of the document.
If you granted the power to deal with real estate to your attorney-in-fact, you should also file a copy of your POA in the land records office (called the recorder's office in Minnesota) in the county where you own real estate. This will allow the recorder's office to recognize your attorney-in-fact's authority if your attorney-in-fact ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your attorney-in-fact. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing attorneys-in-fact, see What Is a Power of Attorney.
Minnesota allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" attorney-in-fact—an alternate who will become your attorney-in-fact if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan. (Minn. Stat. §§ 523.13; 523.131 (2023).)
Your POA should state when it takes effect. It's very common for the POA to become effective immediately.
In Minnesota, it's also possible to make your POA become effective only after a condition—a doctor declaring that you are incapacitated—is satisfied. However, there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
(Minn. Stat. §§ 523.08; 523.09; 523.11 (2023).)
Additionally, in Minnesota, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your attorney-in-fact ends, but your POA is still intact. So, if you named a successor attorney-in-fact, that person would become your attorney-in-fact instead. (Minn. Stat. §§ 523.08; 523.09 (2023).)
For more on Minnesota estate planning issues, see our section on Minnesota Estate Planning.
]]>
You can make several different types of POAs in Maryland. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Maryland.
For your POA to be valid in Maryland, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Maryland courts. If you're helping someone make a POA, you should make sure that they can still handle their own affairs.
To finalize a POA in Maryland, the document must be:
Note that the notary public can act as one of the two witnesses; in this case, you would need only one additional witness. (Md. Code Est. & Trusts § 17-110 (2023).)
Maryland offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try Nolo's Quicken WillMaker & Trust, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state.
You can also hire a Maryland lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or initialing, from a list, each specific power you want your agent to have. If you use Maryland's statutory form for a personal financial POA (see below), you'll grant your agent the power to act for you in many broad subject areas, including:
In Maryland, your POA is durable (effective even after your incapacitation) unless it explicitly states that it terminates when you become incapacitated. (Md. Code Est. & Trusts § 17-105 (2023).)
As mentioned above, in Maryland, you should have your POA notarized and witnessed. The notary public can act as one of the two required witnesses. (Md. Code Est. & Trusts § 17-110 (2023).)
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (which is part of the circuit court clerk's office in Maryland) in the county where you own real estate. This will allow the circuit court clerk's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent or attorney-in-fact. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Maryland allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Maryland also allows you to give your agent the power to name successor agents if no other agent or successor agent named by you is willing or able to act. (Md. Code Est. & Trusts § 17-202 (2023).)
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised. (Md. Code Est. & Trusts § 17-111 (2023).)
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Maryland, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead. (Md. Code Est. & Trusts § 17-112 (2023).)
For more on Maryland estate planning issues, see our section on Maryland Estate Planning.
]]>You can make several different types of POAs in Idaho. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Idaho.
For your POA to be valid in Idaho, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Idaho courts. If you're helping someone make a POA and are unsure whether they meet the mental capacity requirement, you should consult a lawyer.
While Idaho doesn't technically require you to get your POA notarized, notarization is strongly recommended. Many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Under Idaho law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. Idaho also allows remote notarization by a notary who is present through real-time audio-video technology. (Idaho Code §§ 15-12-105 and 51-114A (2023).)
Idaho offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire an Idaho lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or initialing, from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Idaho, your POA is durable (effective even after your incapacitation) unless it explicitly states that it terminates when you become incapacitated. (Idaho Code § 15-12-104 (2023).)
As mentioned above, in Idaho, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the clerk and recorder's office in Idaho) in the county where you own real estate. This will allow the clerk and recorder's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Idaho allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan. (Idaho Code § 15-12-111 (2023).)
Your POA is effective immediately unless it explicitly states that it takes effect at a future date. (Idaho Code § 15-12-109 (2023).)
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Idaho, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead. (Idaho Code § 15-12-110 (2023).)
For more on Idaho estate planning issues, see our section on Idaho Estate Planning.
]]>You can make several different types of POAs in Florida. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Florida.
For your POA to be valid in Florida, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Florida courts. While there haven't been many cases on the subject, one court has concluded that a POA is valid if it was made on a day that the person was lucid. (Smith v. Lynch, 821 So. 2d 1197 (Fla. Dist. Ct. App. 2001).) If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
To finalize a POA in Florida, the document must be:
(Fla. Stat. § 709.2105 (2023).)
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire a Florida lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting, from a list, the specific powers you want your agent to have. For example, you might choose to grant your agent the power:
In Florida, unlike many other states, a power of attorney is not durable by default (meaning it won't remain effective after your incapacitation). To be durable, your power of attorney must include words such as, “This durable power of attorney is not terminated by subsequent incapacity of the principal.” (Fla. Stat. § 709.2104 (2023).)
As mentioned above, you can't simply sign the document and call it a day. In Florida, you must have the POA notarized, and two witnesses must watch you sign and then sign the document as well. If needed, the notary can be present remotely through real-time, two-way audio-video communication. (Fla. Stat. § 117.209 (2023).)
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won’t do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you selected “real estate transactions” as one of the powers you granted to your agent, you should also file a copy of your POA in the land records office (known as the Clerk of the Circuit Clerk & Comptroller's Office in Florida) in any county where you own real estate. This will allow the land records office to recognize your agent’s authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you’ll want to take into account certain practical considerations, such as the person’s trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney. (Fla. Stat. § 709.2105 (2023).)
Florida allows you to appoint co-agents who are authorized to act at the same time, but it’s usually advisable to stick to just one agent to minimize potential conflicts. However, naming a “successor” agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan. (Fla. Stat. § 709.2111 (2023).)
In Florida, unless you’ve explicitly stated otherwise in the document, your durable financial power of attorney takes effect as soon as you’ve signed it before witnesses and a notary public. For the most part, Florida no longer allows "springing" powers of attorney, which are POAs that become effective only after some condition is met. (But if the springing POA was made prior to October 1, 2011, it will still be valid.) (Fla. Stat. § 709.2108 (2023).)
Any power of attorney automatically ends at your death. It also ends if:
Additionally, in Florida, if you named your ex-spouse as your agent in your POA, your ex-spouse's authority to act under the POA is suspended if you or your spouse files for divorce. (Fla. Stat. § 709.2109 (2023).)
For more on Florida estate planning issues, see our section on Florida Estate Planning.
]]>If I have power of attorney for someone, can I be held responsible for that person's debts in the event of death?
When someone creates a power of attorney (POA) and names you as the agent (sometimes also called "attorney-in-fact"), you should not be held liable for that person's debts or other financial troubles unless those difficulties result from dishonest or grossly irresponsible acts on your part.
As long as you are scrupulously honest, careful with the person's money, and faithful to the instructions given to you in the power-of-attorney document, you take on little legal risk when you agree to serve as an agent for the person making the POA (called a "principal").
That said, you might be liable for the principal's debts not because you're the agent, but because of some other relationship you hold with the person. For example, you might be responsible for someone's debts if:
Also, you should know that your job as agent or attorney-in-fact ends when the principal dies. At that point, the executor (or "personal representative" or "administrator") steps in to wind up the deceased person's affairs. If there are debts to be paid, the executor will pay them out of the deceased person's assets. Of course, if you were jointly responsible for the debts to begin with—for example, because you are married to the principal and you took on the debts together—you will have to pay.
]]>I recently retired, and my children and friends keep telling me that I need to create various documents—like a "power of attorney," or some people tell me a "durable power of attorney." What's the difference between the two? And will these two documents be enough to ensure that someone takes care of both my finances and my medical decisions if I get so sick that I can't take care of things myself?
A power of attorney is a legal document you can use to give someone else the authority to take specific actions on your behalf, such as signing your checks to pay your bills or selling a particular piece of real estate for you. If a power of attorney is durable, it remains valid and in effect even if you become incapacitated and unable to make decisions for yourself. If a power of attorney document does not explicitly say that the power is durable, it ends if you become incapacitated.
But wait. There's more. There are two kinds of durable powers of attorney: a durable power of attorney for finances lets you name someone to manage your financial affairs if you become incapacitated, and a durable power of attorney for health care allows someone to make medical decisions for you if you are no longer able to speak for yourself. Preparing these two documents, along with a health care directive—more commonly known as a living will—that sets out your wishes for medical care, ensures that your health and financial matters will stay in the hands of trusted people you choose.
You will need to have your power of attorney for health care witnessed and/or notarized, depending on your state's laws. You should have your durable power of attorney for finances notarized, and in some cases, witnessed as well. (Find out more about your state's financial POA laws.)
]]>You can make several different types of POAs in Michigan. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Michigan.
For your POA to be valid in Michigan, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Michigan courts. In one case, a court stated that the person making the POA must be mentally competent enough to consent to, have some control over, and understand the significance and consequences of making the POA. The person should have the ability to engage in thoughtful deliberation and use reasonable judgment with regard to making the POA. (Persinger v. Holst, 639 N.W.2d 594 (Mich. Ct. App. 2001).) If you're helping someone make a POA and have questions about the person's mental capacity, you should consult an attorney.
To make a POA in Michigan, you must sign in the presence either of (1) a notary public or (2) two witnesses.
Even though you have a choice in Michigan, it's usually best to choose notarization, since many financial institutions are used to seeing notarized POAs and might be resistant to one that is witnessed only. If you want your agent to be able to conduct real estate transactions, your county land records will probably require notarization as well.
If you do choose to go the witnessing route, take note that neither of the witnesses can be a person named as an attorney-in-fact in your POA. (Mich. Comp. Laws §700.5501(2).)
A handful of states, including Michigan, also requires the agent to sign an acknowledgment of responsibilities and attach it to the POA. This extra step helps ensure that your agent understands the responsibilities of the role. However, your agent need not do this until it becomes time actually to use the POA. Sample language for this agent certification can be found in Michigan Comp. Laws § 700.5501(4).
Some private companies offer forms or templates with blanks that you can fill out to create your POA. For a more user-friendly experience, try Nolo's WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. (You can also use WillMaker to make a will or living trust.) Or you can hire a Michigan lawyer to create a POA for you, though it will cost more. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your attorney-in-fact comprehensive powers or explicitly naming the specific powers you want your attorney-in-fact to have. For example, you might choose to grant your attorney-in-fact the power to:
In Michigan, if you want the power of attorney to be durable (so that it remains effective after your incapacitation), the document must explicitly state so. Michigan's power of attorney statute suggests wording such as "“This power of attorney is not affected by the principal's subsequent disability or incapacity, or by the lapse of time.” (Mich. Comp. Laws §700.5501(1).)
As mentioned above, you can't simply sign the document and call it a day. In Michigan, you must notarize the POA or have it witnessed by two people. It's usually best to choose notarization. (See above.)
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your attorney-in-fact so that your attorney-in-fact is familiar with the contents of the document.
If you granted the power to deal with real estate to your attorney-in-fact, you should also file a copy of your POA in the land records office (called the register of deeds in Michigan) in the county where you own real estate. This will allow the register of deeds to recognize your attorney-in-fact's authority if your attorney-in-fact ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your attorney-in-fact might need to deal with in the future. This step might eliminate some hassles if your attorney-in-fact ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
It's also worth noting that Michigan requires an attorney-in-fact or agent to sign a specific statement before the attorney-in-fact starts exercising the powers in the POA. The exact words of this statement are set out in Michigan's statute. The attorney-in-fact essentially promises to do only what's allowed by the POA, keep records of transactions, and acknowledges that civil and criminal penalties are possible if the attorney-in-fact violates duties.
Legally speaking, you can name any competent adult to serve as your attorney-in-fact. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing attorneys-in-fact, see What Is a Power of Attorney.
Naming a "successor" attorney-in-fact—an alternate who will become your attorney-in-fact if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA should state when it takes effect. It's very common for the POA to become effective immediately.
In Michigan, it's also possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
For more on Michigan estate planning issues, see our section on Michigan Estate Planning.
]]>You can make several different types of POAs in Washington, D.C.. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in D.C.
For your POA to be valid in District of Columbia, it must meet these requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by D.C. courts. If you're helping someone make a POA and you're unsure whether they have the required mental capacity, consult an estate planning attorney.
You must sign your POA in the presence of a notary public for it to be valid in the District of Columbia.
The District of Columbia offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. (See D.C. Code § 21–2603.01.) For a more user-friendly experience, you can try Nolo's WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire a D.C. lawyer to create a POA for you, though hiring a lawyer will cost significantly more. Many lawyers include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In D.C., your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in D.C., you must have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA with the Washington, D.C. Recorder of Deeds. If you put your POA on file, this land records office will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you. D.C. requires a special notice to be placed on the front page of the filing when you record your POA. (See D.C. Code § 21-2603.01.) The office may also have special formatting requirements; call the recorder of deeds to check.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But when naming an agent, you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
D.C. allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in D.C., if your spouse is named as your agent in your POA, that designation automatically ends once either of you files for divorce (unless the POA states otherwise). To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent.
For more on D.C. planning issues, see our section on Washington, D.C. Estate Planning.
]]>A financial power of attorney is a good document to make for yourself, but it can also be a great blessing for your family. If you become unable to decide for yourself and you haven't prepared a durable power of attorney, a court proceeding is probably inescapable. Your spouse, closest relatives, or companion will have to ask a court for authority over at least some of your financial affairs.
You can also learn about other types of powers of attorney you might need.
A financial power of attorney can be drafted so that it goes into effect as soon as you sign it. (Many spouses have active financial powers of attorney for each other in case something happens to one of them—or for when one spouse is out of town.) You should specify that you want your power of attorney to be "durable." If you don't, in most states, it will automatically end if you later become incapacitated.
Alternatively, you can specify that the power of attorney does not go into effect unless a doctor certifies that you have become incapacitated. This is called a "springing" durable power of attorney. It allows you to keep control over your affairs unless and until you become incapacitated, when it springs into effect. However, springing powers of attorney can cause serious delays and problems for your agent.
When you create and sign a durable power of attorney, you give another person legal authority to act on your behalf. This person is called your agent or, in some states, your attorney-in-fact.
Commonly, people give their agent broad power to handle all of their finances. But you can give your agent as much or as little power as you wish. You may want to give your agent authority to do some or all of the following:
The agent is required to act in your best interests, maintain accurate records, keep your property separate from the agent's own property, and avoid conflicts of interest.
To create a legally valid durable power of attorney, all you need to do is properly complete and sign a fill-in-the-blanks form that's a few pages long. Some states have their own forms, but it's not mandatory that you use them.
Some banks and brokerage companies have their own durable power of attorney forms. If you want your agent to have an easier time with these institutions, you may need to prepare two or more durable powers of attorney: your own form and forms provided by the institutions with which you do business. (See more on this below.)
You must sign the document in front of a notary public. In some states, witnesses must also watch you sign. If your agent will have authority to deal with your real estate, you must put a copy of the document on file at the land records office in the county where your real estate is located. (In two states, North and South Carolina, you must record your power of attorney at the land records office for it to be durable.)
Your durable power of attorney automatically ends at your death. That means that you can't give your agent authority to handle things after your death, such as paying your debts, making funeral or burial arrangements, or transferring your property to the people who inherit it. If you want your agent to have authority to wind up your affairs after your death, use a will to name that person as your executor.
Your durable power of attorney also ends if:
It's natural to assume that your financial power of attorney will be readily accepted by any financial institution. But in reality, banks sometimes do refuse to accept perfectly valid POAs or stall the process for your agent. Working with your financial institutions now can prevent problems and delays in the future. For more on the steps you can take, see Can Banks Refuse a Power of Attorney?
Nolo's Quicken WillMaker can create a durable financial power of attorney for you, along with a will and other important documents.
To see everything Nolo has to offer when it comes to creating a financial power of attorney and planning your estate, visit our Wills, Trusts & Estates Center.
]]>Power of attorneys can address a variety of situations. You can create a POA for a single transaction (for example, authorizing your brother to sell your car for you while you’re out of town) or a long-term, “durable” one that will allow someone to handle your financial or health matters if you ever become incapacitated.
It’s a good idea for pretty much anyone, regardless of age or circumstance, to create a durable POA—meaning a POA that remains in effect even if you become incapacitated. It’s a way of being prepared for eventualities, hard as they might be to contemplate. In fact, most estate plans include two separate durable POAs, discussed in more detail below.
A financial POA gives your agent the authority to handle financial matters for you after you’re no longer able to attend to these tasks. For example, your agent might use a financial POA to deposit your Social Security checks for you, file your taxes, or maintain your retirement account. See Durable Financial Power of Attorney: How It Works.
A health care or medical POA allows an agent to manage your medical care. This document actually goes by many names. Your state might also call it a “health care proxy,” “health care directive,” “advance directive,” or similar term. (To make matters even more confusing, some states combine a health care POA with a separate document called a "living will,” which sets out your wishes for the type of medical treatment and end-of-life care you want to receive.) See Living Wills and Powers of Attorney for Health Care: An Overview.
In contrast, a non-durable POA ends if you become incapacitated. This type of POA tends to be limited in scope—used for a one-time task or a finite period of time. For example, if you need your friend to handle all of your financial matters (like insurance paperwork and bank deposits) while you’re recovering from surgery, you could use a non-durable POA for this purpose; this POA would essentially have an expiration date.
A springing POA is a power of attorney that doesn’t “spring” into effect until a triggering event. Some people, particularly those who are uncomfortable with the idea of giving up control, want to use a springing durable financial POA that is effective only if they’ve been declared incapacitated by a third party. While this might seem attractive, a springing POA can have logistical drawbacks. (See The Problem With Springing Powers of Attorney.) The better course of action is usually to use a durable financial POA, name an agent you trust completely, and tell the agent the document is to be used only if you become incapacitated.
For a financial power of attorney, usually any competent adult can serve as your agent. This person need not be a financial expert, but certainly you’ll want to choose someone who has a good dose of common sense, and whom you trust completely. In addition, consider these factors:
A health care power of attorney or health care directive brings up several other considerations; see Choosing a Health Care Agent. Many states also have additional rules about who can and cannot serve as your agent (also called your health care “proxy” or “surrogate”). For example, many states do not allow your doctors or employees of your nursing home or care facility to be your agent unless they are related to you. To check your state’s rules, see State Restrictions on Health Care Agents.
Once you’ve chosen an agent and before creating the power of attorney, make sure to talk to your agent. It might be a hard conversation—it’s understandably difficult for your loved ones to contemplate a time when you are incapacitated—but you want to be certain that the person understands the responsibilities involved in being an agent and is willing to take them on.
You can make your own power of attorney, but your document needs to be valid in your particular state because each state has its own set of requirements. The good news is that state-specific power of attorney forms are readily available, either from your state government or through guided software programs such as Nolo’s Willmaker. When you create a power of attorney, you’ll name an agent (and alternate agent, if you have one). You’ll then check off or initial the specific powers that you want to give to your agent. For a financial POA, these powers might include, as just a few examples:
For a health care POA, these powers might include, as a few examples:
To finalize your POA, you will need to sign the document. (A handful of states also requires that your agent sign the document.) Depending on your state, you’ll also need to do one of the following:
Learn more about the financial POA laws in your state.
When you’re done creating the POA, give your agent a copy of the document, and store the original in a safe place that your loved ones can access. If you created a financial POA that gives your agent the power to buy or sell real estate, you’ll want to file a copy of the POA in the land records office of the county where you own real estate. If you created a health care POA, you should give a copy to the doctors or medical facilities most likely to be treating you.
If you made a durable financial power of attorney (the most common POAs made as part of an estate plan), the document usually goes into effect immediately after you’ve signed it and had it witnessed or notarized. In practice, of course, you can instruct your agent not to use the POA until you are incapacitated. Health care POAs, on the other hand, are usually effective upon your incapacitation.
The POA ends if you revoke the document or if you die. A few other circumstances might also invalidate your POA; for example, in some states, if you get divorced, any designation of your ex-spouse as your agent is automatically revoked.
You can nudge or help your loved ones to create their own POA; people often find themselves helping their elderly parents with these documents. Be aware that the person you’re helping must have the mental capacity to understand generally what the POA is and what it does. See Helping an Elder Make a Power of Attorney for a more in-depth discussion.
]]>Assuming you created a power of attorney that’s valid in your state, can a financial institution still refuse to accept it? Some state laws do allow financial institutions to require additional documentation, such as an affidavit (sworn statement) by your agent. But generally, banks must, by law, accept a POA that is validly made. A few exceptions do exist. For example, if the bank believes in good faith that your agent doesn’t have the authority to perform the act requested, or if the bank is aware of a report that your agent might be exploiting or abusing you, the bank doesn’t have to accept the document.
Otherwise, banks can face consequences if they don’t accept a valid power of attorney. In some states, they’re liable for attorney’s costs and other costs incurred in the event that you or your agent pursues legal action.
All that said, the reality sometimes looks quite different. Banks are wary of identity theft, scams, and elder abuse, and this wariness can take the form of roadblocks when your agent tries to use your POA to access your accounts. Banks might also stop short of outright refusing to recognize a POA, but their reluctance can take the form of equally inconvenient tactics—like requiring several rounds of internal reviews, during which your agent’s hands are tied.
If a bank won’t accept a POA, the first step is to find out why. If the POA was not validly made in the first place—for example, it’s not notarized, as required by most states, or witnessed, as required by some states—the simple solution is to make a new POA, if possible.
A financial institution might raise objections such as these:
If the person who made the POA still has the mental capacity to understand what they’re doing when they sign a POA, and the consequences of giving authority to someone else, then they can simply make a new POA that resolves any issues raised by the bank. But if the person is now incapacitated, the options at this stage are much more limited.
First, try to make the bank officer pinpoint the exact reason for denying or holding up approval of the POA. Familiarize yourself with your state’s power of attorney laws and cite specific sections. For example, some state laws have built-in timelines (such as a bank having to accept a valid POA within a certain number of days), and pointing to relevant laws might be enough to jumpstart or speed up the approval. Escalate the issue to supervisors as needed.
If this back-and-forth doesn’t pan out, you can seek out the help of a lawyer, which unfortunately means spending more time and money. Short of taking legal action, there isn’t much you can do if you face blatant refusal to accommodate your valid POA. For this reason, if you have the ability and foresight to plan ahead, it’s best to circumvent future problems by putting a little extra research in at the time when you or your loved one is making a power of attorney.
Simply being aware that banks can be reluctant or slow to allow your agent to access your account—despite a valid POA—is a good start. To pave as smooth a road as possible for your bank to recognize your agent’s authority to act, take these steps:
You can also consider creating a POA on a bank’s own power of attorney form, but this process can quickly feel overwhelming if you have assets or accounts at many different institutions. Another option is to combine accounts—for example, rolling over retirement accounts so that you only have one—so that you have fewer forms and procedures to navigate. However you choose to proceed, up-front work with financial institutions can save your agent a great deal of time and grief.
]]>You can make several different types of POAs in Nevada. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Nevada.
For your POA to be valid in Nevada, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Nevada courts. If you have questions about whether someone has the capacity to make a POA, consult a lawyer.
If you're helping someone make a POA and they reside in a hospital or residential care facility, Nevada law requires the POA to be accompanied by a "certification of competency." This is a document completed by a physician, psychologist, psychiatrist, or other professional stating that the person making the POA is mentally competent. (Nev. Rev. Stat. § 162A.220(2).)
While Nevada does not technically require you to get your POA notarized, notarization is strongly recommended. Under Nevada law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Nevada offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire a Nevada lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (or initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Nevada, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in Nevada, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to transact real estate. In Nevada, this office is called the county recorder's office. If you put your POA on file there, the recorder's office will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
In Nevada, there are a few limitations on who can serve as your agent or attorney-in-fact. If you reside (or are about to reside) in a hospital, assisted living facility, or skilled nursing facility, you can't name the following people or entities in your POA to act as your agent or attorney-in-fact:
The only exceptions are if:
Otherwise, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Nevada allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Nevada, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Nevada estate planning issues, see our section on Nevada Estate Planning.
]]>You can make several different types of POAs in New Hampshire. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in New Hampshire.
For your POA to be valid in New Hampshire, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by New Hampshire courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
If the POA is (1) a general POA (meaning a POA not limited to a specific transaction or purpose—most durable POAs for estate planning purposes would fall into this category) or (2) gives the agent the power to deal with real estate, New Hampshire also requires that you sign the POA in the presence of a notary public. For all other POAs, notarization is not technically required, but it's highly recommended anyway. Why? When you sign your POA in the presence of a notary public, your signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
New Hampshire also requires you to sign a disclosure, or notice, and attach it to your POA. This disclosure helps ensure that you understand what you're doing when you create a POA and give away powers to an agent. The exact language for this notice is set out in New Hampshire's statute. (See N.H. Rev. Stat. § 564-E:301.)
In addition, New Hampshire also requires your agent to sign an acknowledgment and attach it to the POA. This extra step helps ensure that your agent understands the responsibilities of the role. However, your agent need not do this until it becomes time actually to use the POA.
You can find sample language for this acknowledgment at New Hampshire Revised Statutes § 564–E:113.
New Hampshire offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. (See N.H. Rev. Stat. § 564–E:301.) For a more user-friendly experience, try Nolo's WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. (You can also use WillMaker to create a will or living trust.) Or you can hire a New Hampshire lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or initialing, from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In New Hampshire, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in New Hampshire, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office in the county where you own real estate or expect to transact real estate. In New Hampshire, this office is called the registry of deeds. If you put your POA on file there, the registry of deeds will be able to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
New Hampshire allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in New Hampshire, if your spouse is named as your agent in your POA, that designation automatically ends once either of you files for divorce. Your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent.
For more on New Hampshire planning issues, see our section on New Hampshire Estate Planning.
]]>You can make several different types of POAs in Nebraska. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Nebraska.
For your POA to be valid in Nebraska, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Nebraska courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
You must sign your POA in the presence of a notary public for the POA to be valid under Nebraska law.
Nebraska offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire a Nebraska lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (or initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Nebraska, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in Nebraska, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office of the county where you own real estate or expect to transact real estate. In Nebraska, this office is called the register of deeds. When you put your POA on file in the register of deeds, this will allow the office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Nebraska allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Nebraska, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Nebraska estate planning issues, see our section on Nebraska Estate Planning.
]]>You can make several different types of POAs in Delaware. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Delaware.
For your POA to be valid in Delaware, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Delaware courts. If you're helping someone make a POA and have questions about the person's mental capacity, you should consult an attorney.
To make a POA in Delaware, you must sign in the presence of both a notary public and a witness. The witness must be:
(12 Del. Code § 49A-105.)
While it's not strictly required, it's best to include a signed notice at the beginning of your POA. This notice helps ensure that you understand what you're doing when you create a POA and give away powers to an agent. The exact language for this notice is set out in Delaware's statute. (See Del. Code § 49A-105.) If there's no signed notice and a third party (like a bank) takes issue with your agent's authority to act for you, your agent will have to take extra steps to prove your POA is valid.
A handful of states, including Delaware, also requires the agent to sign a certification and attach it to the POA. This extra step helps ensure that your agent understands the responsibilities of the role. However, your agent need not do this until it becomes time actually to use the POA. Sample language for this agent certification can be found in the Delaware statutes. (12 Del. Code § 49A-105.)
Delaware offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. (See 12 Del. Code § 49A-301.) For a more user-friendly experience, try Nolo's WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire a Delaware lawyer to create a POA for you, though this option will cost more. Many lawyers will also include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include selecting (or initialing), from a list, each specific power you want your agent to have. These powers might include, for example, the power to act in the following categories:
In Delaware, if you want the power of attorney to be durable (so that it remains effective after your incapacitation), the document must explicitly state so. Delaware's power of attorney statute suggests wording such as "This power of attorney shall not be affected by the subsequent incapacity of the principal.” (12 Del. Code § 49A-104.)
As mentioned above, you can't simply sign the document and call it a day. In Delaware, you must notarize the POA and have it witnessed by someone who fits the requirements set out in Delaware law. (See above.)
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your attorney-in-fact so that your attorney-in-fact is familiar with the contents of the document.
If you granted the power to deal with real estate to your attorney-in-fact, you should also file a copy of your POA in the land records office (called the recorder of deeds in Delaware) in the county where you own real estate. This will allow the recorder of deeds to recognize your attorney-in-fact's authority if your attorney-in-fact ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
It's also worth noting that Delaware requires an attorney-in-fact or agent to sign a specific statement, called an "agent's certification," before the attorney-in-fact starts exercising the powers granted in the POA. The exact words of this statement are set out in Delaware's statute. The attorney-in-fact essentially promises to do only what's allowed by the POA, keep records of transactions, and act in good faith.
Legally speaking, you can name any competent adult to serve as your attorney-in-fact. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing attorneys-in-fact, see What Is a Power of Attorney.
Naming a "successor" attorney-in-fact—an alternate who will become your attorney-in-fact if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA should state when it takes effect. It's very common for the POA to become effective immediately.
In Delaware, it's also possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Delaware, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Delaware estate planning issues, see our section on Delaware Estate Planning.
]]>You can make several different types of POAs in Montana. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Montana.
For your POA to be valid in Montana, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Montana courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
While Montana does not technically require you to get your POA notarized, notarization is strongly recommended. Under Montana law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it. If you give away the power to transact real estate, you'll also need to have the POA notarized to record (file) it in the land records office.
Montana offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, try WillMaker, which guides you through a series of questions to arrive at a POA (and estate plan) that meets your specific aims and is valid in your state. You can also hire a Montana lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or selecting (sometimes initialing), from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Montana, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in Montana, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office of the county where you own real estate or expect to transact real estate. In Montana, this office is known as the Office of the Clerk and Recorder. If you put your POA on file there, this will allow the clerk and recorder's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Montana allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Montana, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Montana estate planning issues, see our section on Montana Estate Planning.
]]>You can make several different types of POAs in Hawaii. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Hawaii.
For your POA to be valid in Hawaii, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Hawaii courts. If you're helping someone make a POA and you're not sure if they meet the mental capacity requirement, you should consult a lawyer.
While Hawaii does not technically require you to get your POA notarized, notarization is strongly recommended. Under Hawaii law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Hawaii offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire a Hawaii lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or initialing, from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Hawaii, your POA is durable (effective even after incapacitation) unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, in Hawaii, you should have your POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office that oversees the real estate you own. In Hawaii, which has a dual land records system that operates state-wide, this office would be either the Bureau of Conveyances (the regular system) or the Office of the Assistant Registrar of the Land Court (the land courts system). If you put your POA on file in the appropriate office, this will allow the office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Hawaii allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Hawaii, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Hawaii estate planning issues, see our section on Hawaii Estate Planning.
]]>You can make several different types of POAs in Georgia. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Georgia.
For your POA to be valid in Georgia, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Georgia courts. If you're helping someone make a POA and you have questions about whether they meet the mental capacity requirement, you should consult a lawyer.
To make a POA in Georgia, you must sign the POA in the presence a notary public and one witness. The notary public and witness must be two separate people, and neither of them can be named as an agent in your POA.
Georgia offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire a Georgia lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or initialing, from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Georgia, your POA is durable by default unless it explicitly states that it terminates when you become incapacitated.
As mentioned above, you can't simply sign the document and call it a day. In Georgia, you must have the POA notarized and witnessed.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your agent might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the clerk of the superior court in Georgia) in the county where you own real estate. This will allow the clerk of the superior court to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Georgia allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Georgia, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Georgia estate planning issues, see our section on Georgia Estate Planning.
]]>You can make several different types of POAs in Connecticut. In particular, many estate plans include two POAs:
In most estate plans, these POAs are what are known as "durable" POAs, which means that they retain their effectiveness even after you're incapacitated. It's a good idea for most people to create these two documents, as they help plan for the unexpected.
To learn about other types of POAs, including non-durable (limited) and springing POAs, see What Is a Power of Attorney. Below, learn how to create a durable financial POA that is valid in Connecticut.
For your POA to be valid in Connecticut, it must meet certain requirements.
The person making a power of attorney must be of sound mind. The exact contours of this mental capacity requirement are open to interpretation by Connecticut courts, and there have not been many cases on this subject. In one case, a court held that moderate Alzheimer's and bouts of confusion were not enough to prove that the person making the POA did not have sufficient mental capacity. (Smith v. Defelice, 39 Conn. L. Rptr. 297 (Conn. Super. Ct. 2005).) However, each case is different. If you're helping someone make a POA and have questions about the person's mental capacity, you should consult an attorney.
While Connecticut does not technically require you to get your POA notarized, notarization is very strongly recommended. Under Connecticut law, when you sign your POA in the presence of a notary public, you signature is presumed to be genuine—meaning your POA is more ironclad. In addition, many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
Connecticut offers a statutory form (a form drafted by the state legislature) with blanks that you can fill out to create your POA. For a more user-friendly experience, you can try a software program like WillMaker, which guides you through a series of questions to arrive at a POA that meets your specific aims and is valid in your state. You can also hire a Connecticut lawyer to create a POA for you. Many lawyers will include durable POAs as part of a more comprehensive estate plan alongside a will or living trust.
Whatever method you choose, the process of making the POA will include either granting your agent comprehensive powers or initialing, from a list, each specific power you want your agent to have. For example, you might choose to grant your agent the power to act for you with respect to these subject areas:
In Connecticut, your power of attorney is durable by default (meaning it remains effective after your incapacitation) unless you explicitly state otherwise in the document.
As mentioned above, in Connecticut, you should have the POA notarized.
Once you have completed the POA, store the original in a safe place that your loved ones can easily access, and let them know where to find it. (It won't do much good locked away in a safe that no one can get into.) If you become incapacitated, your attorney-in-fact might need the original POA to act on your behalf.
You should also give a copy of the power of attorney to your agent so that your agent is familiar with the contents of the document.
If you initialed "real property," giving your agent the power to conduct transactions with real estate, you should also file a copy of your POA in the land records office (called the town clerk's office in Connecticut) in the county where you own real estate. This will allow the town clerk's office to recognize your agent's authority if your agent ever needs to sell, mortgage, or transfer real estate for you.
You can also give copies of your durable financial POA to banks or other institutions that your agent might need to deal with in the future. This step might eliminate some hassles for your agent if your agent ever needs to use the POA. Banks can sometimes be finicky about accepting POAs; see Can Banks Refuse a Power of Attorney? for more details.
Legally speaking, you can name any competent adult to serve as your agent. But you'll want to take into account certain practical considerations, such as the person's trustworthiness and geographical location. For more on choosing agents, see What Is a Power of Attorney.
Connecticut allows you to appoint co-agents who are authorized to act at the same time, but it's usually advisable to stick to just one agent to minimize potential conflicts. However, naming a "successor" agent—an alternate who will become your agent if your first choice is unavailable for any reason—is always a good idea, as it creates a backup plan.
Your POA is effective immediately unless it explicitly states that it takes effect at a future date.
It's possible to create a condition that must be satisfied before the POA becomes effective—such as a doctor declaring that you are incapacitated—but there are many reasons why this type of "springing" power of attorney is not usually advised.
Any power of attorney automatically ends at your death. A durable POA also ends if:
Additionally, in Connecticut, if your spouse is named as your agent in your POA, that designation automatically ends if you or your spouse files for divorce. To be clear, your ex-spouse's authority to act as your agent ends, but your POA is still intact. So if you named a successor agent, that person would become your agent instead.
For more on Connecticut estate planning issues, see our section on Connecticut Estate Planning.
]]>How can I get a power of attorney if my mother is mentally incapacitated?
We are commonly asked how to obtain a power of attorney without consent. To make a valid power of attorney document, your mother would need the mental ability to fully understand what the document is and what it does -- and to consent to giving you power of attorney. If she's already mentally incapacitated, it's too late for her to agree to allow you to handle her affairs.
But there is another way to get this authority. You can go to court and ask a judge to appoint you as your mother's conservator (called a guardian in some states). Start with the clerk's office at the county probate court; they can most likely give you information on how to initiate conservatorship proceedings. For more information, see Conservatorships and Adult Guardianships.
Can you have a shared power of attorney? My aunt named her son as agent and he misused funds. Then she appointed her nephew, and he let her credit rating slip because he did not pay bills in a timely fashion. Now she would like both her niece and nephew to have authority to handle financial matters for her; she thinks this will serve to keep both of them on their toes.
I was taking care of a now-deceased man via a general power of attorney. It has this clause: "This power of attorney is not affected by the subsequent disability of the principal." Most of my advisers say that it is still effective. I want to use it to sell his mobile home. The bank says no. What do you say?
The bank is correct. The power of attorney is no longer valid.
The clause you mention refers to principals who are disabled, but still alive. In fact, it is that very clause that makes a power of attorney durable -- that is, effective even after the principal becomes incapacitated. However, all durable powers of attorney end when the principal dies.
The executor of the deceased person's will -- or the estate administrator, if he died without a will -- must handle the sale of his mobile home, if that is necessary.
]]>You can avoid all of these problems by making a durable power of attorney that takes effect as soon as you sign it. Just make sure your agent understands exactly when and how you want the document to be used. This degree of trust is a basic requirement for naming an agent. If you don’t trust your agent to handle the power of attorney exactly as you intend, you should choose someone else to handle your finances.If you still feel that you want a springing power, see a lawyer for help. An experienced lawyer can draft a power of attorney that is more closely tailored to your specific situation and concerns.
Read more about Powers of Attorney for Finances.
]]>Making a durable power of attorney ensures that someone you trust (usually called your "agent") will be on hand to manage the many practical, financial tasks that will arise if you become incapacitated. For example, bills must be paid, bank deposits must be made, and someone must handle insurance and benefits paperwork.
Many other matters may need attention as well, from handling property repairs to managing investments or a small business. In most cases, a durable power of attorney for finances is the best way to take care of tasks like these.
If you don't have a durable power of attorney and you become incapacitated, your relatives or other loved ones will have to ask a judge to name someone to manage your financial affairs. Depending on where you live, the person appointed to manage your finances may be called a conservator, guardian of the estate, committee, or curator.
Conservatorship or guardianship proceedings can be expensive and embarrassing. Your loved ones must ask the court to rule that you cannot take care of your own affairs—a public airing of a very private matter. Court proceedings are matters of public record; in some places, a notice may even be published in a local newspaper. And if relatives fight over who is to be the conservator or guardian, the proceedings will surely become even more disagreeable, sometimes downright nasty. All of this causes costs to mount up, especially if lawyers must be hired. (For more information, see Conservatorships and Adult Guardianships.)
You may not think that you need a durable power of attorney for finances if you're married or if you've put most of your property into a living trust or you hold it in joint tenancy. But the truth is that in all of these situations, a durable power of attorney can make life much easier for your family if you become incapacitated.
If you are married, your spouse does have some authority over property you own together—for example, to pay bills from a joint bank account or sell stock in a joint brokerage account. There are significant limits, however, on your spouse's right to sell property owned by both of you. For example, in most states, both spouses must agree to the sale of co-owned real estate or cars. Because an incapacitated spouse can't consent to such a sale, the other spouse's hands are tied.
When it comes to property that belongs only to you, your spouse has no legal authority without a durable power of attorney.
Example: New York residents Michael and Carrie have been married for 47 years. Their major assets are a home and stock. The home is owned in both their names as joint tenants. The stock was bought only in Michael's name, and the couple has never transferred it into shared ownership. Michael becomes incapacitated and requires expensive medical treatment. Legally, Carrie cannot sell the stock to pay for medical costs.
Institutions may also refuse to deal with one spouse without a valid power of attorney.
Example: George's wife Elinor suffers from dementia, and as her condition worsens, George realizes she needs nursing home care. He calls the insurance company that issued Elinor's long-term care policy, but it won't talk to him because he is not the policyholder and doesn't have a valid power of attorney.
In both of these situations, the spouse may end up having to go to court to request a conservatorship or guardianship to get control over the incapacitated spouse's assets. It adds financial and emotional burdens to an already stressful time.
A living trust isn't a complete substitute for a durable power of attorney for finances, but it can be helpful if you become incapable of taking care of your financial affairs. That's because the person who will distribute trust property after your death (called the successor trustee) also, in most cases, has authority to take over management of the trust property if you become incapacitated.
However, the successor trustee has no authority over property not held in the trust. Few people transfer all their property to a living trust; most transfer only assets that are expensive to probate, such as real estate and valuable securities. A durable power of attorney ensures that someone will be on hand to take care of other property, as well as day-to-day financial tasks.
Joint tenancy is a way that more than one person can own property together. When one owner dies, the other owners automatically inherit the deceased person's share of the property.
But if you become incapacitated, the other joint tenant owners have very limited authority over your share of the joint tenancy property. For example, if you and someone else own a bank account in joint tenancy and one of you becomes incapacitated, the other owner is legally entitled to use the funds. The healthy joint tenant can take care of the financial needs of the incapacitated person simply by paying bills from the joint account. But the other account owner has no legal right to endorse checks made out to the incapacitated person. In practice, it might be possible to get an incapacitated person's checks into a joint account by stamping them "For Deposit Only," but that's not the easiest way to handle things.
Matters get even more complicated with other kinds of joint tenancy property. Real estate is a good example. If one owner becomes incapacitated, the other has no legal authority to sell or refinance the incapacitated owner's share. By contrast, with a durable power of attorney, you can give your agent authority over your share of joint tenancy property, including real estate and bank accounts.
The expense and intrusion of a conservatorship or guardianship are rarely desirable. In a few situations, however, special concerns justify the process.
If you can't think of someone you trust enough to appoint as your agent, with broad authority over your property and finances, don't create a durable power of attorney. A conservatorship or guardianship, with the built-in safeguard of court supervision, may be worth the extra cost and trouble.
A durable power of attorney is a readily accepted and powerful legal document. Once you've finalized yours, anyone who wants to challenge your plans for financial management will face an uphill battle in court. But if you expect that family members will challenge your document or make continual trouble for your agent, a conservatorship or guardianship may be preferable. Your relatives may still fight, but at least the court will be there to keep an eye on your welfare and your property.
For more information on powers of attorney for finances, see Durable Financial Power of Attorney: How It Works. To make a durable power of attorney for finances that's valid in your state, try Nolo's bestselling Quicken WillMaker.
]]>A power of attorney (POA) is a legal document that gives someone you choose the power to act in your place. In case you ever become mentally incapacitated, you'll need what are known as "durable" powers of attorney for medical care and finances. "Durable" simply means that the document stays in effect if you become incapacitated and unable to handle matters on your own. (Ordinary or "nondurable" powers of attorney automatically end if the person who makes them loses mental capacity.)
With a valid power of attorney, the trusted person you name will be legally permitted to take care of important matters for you—for example, paying your bills, managing your investments, or directing your medical care—if you are unable to do so yourself.
Taking the time to make these documents is well worth the small effort it will take. If you haven't made durable powers of attorney and something happens to you, your loved ones may have to go to court to get the authority to handle your affairs.
To cover all of the issues that matter to you, you'll probably need two separate documents: one that addresses health care issues and another to take care of your finances. Fortunately, powers of attorney usually aren't difficult to prepare.
A medical durable power of attorney is a type of health care directive—that is, a document that set out your wishes for health care if you are ever too ill or injured to speak for yourself.
When you make a durable medical POA—more commonly called a "durable power of attorney for health care"—you name a trusted person to oversee your medical care and make health care decisions for you if you are unable to do so. Depending on where you live, the person you appoint may be called your "agent," "attorney-in-fact," "health care proxy," "health care surrogate," or something similar.
Your health care agent will work with doctors and other health care providers to make sure you get the kind of medical care you wish to receive. When arranging your care, your agent is legally bound to follow your treatment preferences to the extent that the agent knows about them.
To make your wishes clear, you can use a second type of health care directive—often called a health care declaration or living will—to provide written health care instructions to your agent and health care providers.
Many states combine the durable power of attorney for health care and the health care declaration (living will) into a single form, commonly called an "advance health care directive" or "advance directive."
For more information about preparing documents to direct your health care, see Nolo's collection of articles on health care directives.
A financial POA is a power of attorney you prepare that gives someone the authority to handle financial transactions on your behalf. Some financial powers of attorney are very simple and used for single transactions, such as closing a real estate deal. But the power of attorney we're discussing here is comprehensive; it's designed to let someone else manage all of your financial affairs for you if you become incapacitated. It's called a "durable power of attorney for finances."
With a durable POA (DPOA) for finances, you can give a trusted person as much authority over your finances as you like. The person you name is usually called your "agent" or "attorney-in-fact," though he or she most definitely doesn't have to be an attorney.
Your agent can handle mundane tasks such as sorting through your mail and depositing your Social Security checks, as well as more complex jobs like watching over your retirement accounts and other investments, or filing your tax returns. Your agent doesn't have to be a financial expert; just someone you trust completely who has a good dose of common sense. If necessary, your agent can hire professionals (paying them out of your assets) to help out.
To learn more, see Nolo's collection of articles on the durable power of attorney (DPOA) for finances).
You may wonder why you can't cover health care matters and finances in just one power of attorney document. Technically, you could—but it isn't a good idea. Making separate documents will keep life simpler for your agent and others.
For example, your health care documents are likely to be full of personal details, and perhaps feelings, that your financial broker doesn't need to know. Likewise, your health care professionals don't need to be burdened with the details of your finances.
That said, even though you should make separate power of attorney documents for health care and finances, it makes a good deal of sense to name the same agent under both documents. If not, you must be sure to name people who will work well together.
Most people can easily make both a durable POA for health care and a durable POA for finances using a good self-help product such as Nolo's bestselling Quicken WillMaker & Trust. Look for a product that offers guidance on how to fill out the documents rather than just a fill-in-the-blank form. If you have a more complicated situation, consult an estate planning lawyer.
As you're making your POAs, you'll of course need to choose a health care agent and an agent to manage your finances. It's a good idea to let these people know that you're naming them as your agents or attorney-in-facts, and to have a conversation about your expectations and any concerns they have.
When you're done creating the documents, you'll need to sign them and finalize them according to the laws of your state. This usually means having your POAs notarized, and some states also require witnesses as well. When witnesses are required, some states have additional restrictions on who can sign as a witness.
To learn more about durable powers of attorney, see the book Plan Your Estate, by Denis Clifford (Nolo).
]]>I have a durable power of attorney for my mother-in-law. I want to open a bank account in my town to deposit her checks. She has senile dementia, so she can't sign her own checks. Can I write "For Deposit Only" on them? Also, when I pay her bills, do I sign her name -- and should the account be in her name?
The best thing to do is take the power of attorney document to the bank with which you want to do business and ask a bank representative each of your questions. Banks being banks, most have their own rules and will be happy to explain them to you.
Chances are, you'll be instructed to open the account in your mother-in-law's name and asked to sign checks with her name followed by your own, including words such as "under power of attorney" and the date of the document or simply, "POA." But the bank will tell you exactly what you need to do to open and manage a bank account on your mother's behalf.
]]>We are setting up a financial power of attorney for my mother, naming me as the agent. Can I be paid an hourly sum for my services, and can I participate in financial transactions that I conduct on my mother's behalf?
You are quite right to separate your two questions. Whether you can be paid for your time and efforts is an entirely separate matter from whether you may benefit from transactions you conduct for your mom.
In the power of attorney document, your mother can specify that you should receive an hourly fee for any work you do that is authorized by the document. Then, for example, if you spend eight hours working on her taxes, you may draw from her assets to pay yourself according to the arrangement set out in the document.
The document may also allow you to benefit personally from transactions you conduct for your mom. This means you may, for example, arrange to sell her car for her and then buy it yourself -- for a price that's fair to her.
If the power of attorney doesn't specifically permit you to benefit from transactions -- and many do not -- be careful when you act. You can pay yourself according to the terms of the document (keeping careful track of your hours and wages), but you must avoid all other actions in your role as agent that may benefit you personally.
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When you make or change a durable power of attorney for finances, you are allowed to name more than one agent (or "attorney-in-fact," as this person is known in some states). If your aunt wants to name both her niece and nephew, she may do so, but she will have to decide how they should carry out their duties.
She can give them each independent authority, which means that either can take care of any financial task authorized by the power of attorney document without consulting the other. Or she can require them to reach agreement before taking any action under the document.
If her niece or nephew slips up and there's no one more trustworthy who can take the job, requiring them to act together in everything they do may well keep them on their toes. Giving them independent authority may simply create more chaos.
Of course, there are drawbacks to a shared power of attorney to consider, too. If there are conflicts between the agents, it could cause delays and disrupt the handling of your aunt's finances. This is always worth careful consideration when thinking about naming multiple agents.
In summary, more than one person can be an agent or attorney-in-fact under a power of attorney, but you'll want to think carefully before naming more than one agent. Here are some advantages and disadvantages to consider.
Pros to Naming More Than One Agent
Cons to Naming More Than One Agent