When
should I give someone else my Power of Attorney?
You
may consider giving someone your Power of Attorney when an extended
absence prevents you from handling your own affairs or when a specific
transaction needs to be accomplished in your absence.
Who
can I name as my Attorney-in-Fact?
You
can name any adult who is legally able to enter into a contract.
The person you choose does not have to be a relative.
Does
a Power of Attorney have to be writing? Must it be notarized?
Yes.
The Power of Attorney must be in writing and notarized.
How
should by Attorney-in-Fact sign documents on my behalf?
The
signature should real like this: The name of the person who gave
the power by the name of the person who has been given the power
to act as Attorney-in-Fact. For example: John Doe by Jane Doe, his
Attorney-in-Fact.
Is
a Power of Attorney still valid after I become disabled? If I die?
If
the Power of Attorney says it is "durable," it will, in
most cases, continue to be effective even is you are disabled. A
Power of Attorney is automatically revoked upon your death.
How
can I cancel or revoke a Power of Attorney?
If
you want to terminate a power of attorney before it expires, you
can prepare and execute a Revocation of Power of Attorney and give a copy of the revocation to any person that might deal
with the person to whom you gave the power of attorney. If the Power
of Attorney was recorded with a County Recorder's office it is recommended
that your revocation also be promptly recorded as well.
Never have a power of attorney unless you need one. If you feel you might need
a power of attorney, have one prepared but do not sign it until
you need it
Always
put an expiration date on your power of attorney. Make sure your
expiration date is for a fairly short period of time - Never more
than 2 years
Never
use a general power of attorney when a special one will do.
Back to Power
of Attorney page.
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