Power Of Attorney: Frequently Asked Questions
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.