Power of Attorney

A Power of Attorney is a document under which you as the "Principal" authorize another person or entity (an "Attorney-in-Fact" or "Agent") to act on your behalf. You sign a Power of Attorney document so that your Agent will be able to handle your affairs during a period of time when you are unavailable or unable to do so. An Agent is not required to be a lawyer.

A Power of Attorney may be either general or specific. A General Power of Attorney gives the Agent broad authority to act for you. A Special Power of Attorney grants the Agent limited authority to act only in specified situations. In addition, a Power of Attorney may be durable. That means it remains in effect even if you become incompetent or incapable of handling your affairs. If you do not want it to remain in effect, then the document can be made "non-durable.

Durability

The Power of Attorney document can be made "durable." This means that the powers granted to your Agent will continue in effect even if you become disabled or lack sufficient mental competence to handle your own affairs. Under English law, on which American law is based, Power of Attorney documents STOPPED being effective if you became mentally incompetent. This was intended to protect you from inappropriate actions that might be taken by the Agent without your ability to respond. However, most Principals are willing to take this risk because the possibility of the Principal becoming incompetent is a primary reason for having the Power of Attorney.

In fact, many principals do not want the Power of Attorney to become effective UNTIL they become mentally incompetent. American law has responded to this desire by allowing you to specify that the Power of Attorney "shall not be affected by my disability or lack of mental competence," or shall become effective "upon written certification.. that I am disabled or lack sufficient mental competence" (a "springing" power of attorney). Thus, such Power of Attorney documents are said to be "durable," that is, the power granted under the document survives the fact that you have become mentally incompetence.

Making the Power of Attorney durable allows you to select the individual who will handle your affairs if you become incompetent. In the absence of a Power of Attorney, the matter would have to be presented to a court who would then appoint a conservator to handle your affairs for you. You could not be able to select the individual in that situation.

Note: The "springing" power of attorney is not available in Florida. In Florida, the Power of Attorney will go into effect immediately after it is signed and delivered.

Choosing an Agent

An Agent, sometimes referred to as an Attorney-in-Fact, does not have to be an attorney. The Agent can be any adult that you trust and who is competent to handle your affairs. An Agent can also be someone other than an individual, for example, a bank. Whoever you choose as your Agent, it is important that you first discuss the issue with your potential agent and express your values and your wishes with regard to how your affairs should be handled. This also gives the Agent an opportunity to consider and communicate to you whether he or she is willing and able to handle the responsibilities.

In Alaska, the Agent may not be a public home care provider who is furnishing services to the Principal.

Reasons to Create

• Provide authority for someone to act temporarily on your behalf in your absence.
• Provide authority for someone to act on your behalf in case you become
incapacitated.

Before You Begin Information you may need:

• Your name and address.
• Name and address of the Agent, (the person who will be given authority to act on
behalf of the Principal).
• Name and address of the successor Agent, (an alternate person who will be given
authority to act on behalf of the Principal, if the first Agent is unable to act as the
Agent).
• Complete legal description of any real estate over which the Agent will have
power.

Reasons to Update

• A change in your level of trust in the Agent.
• The death or incapacity of the Agent.
• A desire to change the powers granted to the Agent.

General Power of Attorney	PDF*	MS Word
Durable Power of Attorney	PDF*	MS Word

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Revocation of Power of Attorney

Reasons to Create

• Revoke an existing power of attorney.
• Revoke all existing powers of attorney.

Before You Begin Information you may need:

• Your name and address.
• Name and address of the Agent whose authority is being revoked.
• Date of the prior power of attorney document(s) you wish to revoke.

Reasons to Update

• To correct an error which made the earlier revocation ineffective or invalid.

Revocation of Power of Attorney

PDF*

MS Word

* You need Adobe ® Reader ® to read PDF files, it is free.