There are really only three requirements for a power of attorney to be legal:
- You must be able to understand what you are doing;
- It must be in writing; and
- It must be notarized.
Witnesses to the power of attorney are not required. But, because you should be very careful about what power you give someone else, you should consult an attorney about exactly what should be in the power of attorney and how it should be written.
Also, if the Power of Attorney includes the authority to transact business in connection with real property, the it should be filed with the County Recorder of the County where the property is located.
Once the document is signed and notarized, you should give the original signed Power of Attorney document to the person you chose as your agent so she or he knows the limits of the powers given and can prove that fact to others, such as your bank.
Other frequently asked questions about powers of attorney:
- What is a Power of Attorney?
- What are some common uses of the Power of Attorney?
- What is an agent or Attorney-in-fact?
- Does a Power of Attorney last forever?
- What if I become incompetent?
- Can I revoke my Power of Attorney?
- What is the difference between a Power of Attorney and a Guardianship or Conservatorship?
- My mother has Alzheimers. Can I get a Power of Attorney for her?
To see all the questions and answers, click here.The information in this site is not intended as legal advice.
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