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Power of Attorney (POA) Forms (11)

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Power of Attorney (POA) Forms (11)

Updated February 22, 2024

A power of attorney form allows an individual (principal) to appoint an agent (attorney-in-fact) to make decisions and handle affairs on their behalf. An agent can handle a wide range of matters, including financial, medical, guardianship, or tax-related duties (depending on the powers granted).

By State

 

Table of Contents

By Type (11)

Durable (Financial) Power of Attorney – The most common type of power of attorney. It allows a person to give financial responsibility to someone else and continues if the principal becomes incapacitated.

Download: PDF, MS Word, ODT

Advance Directive – Used for health care planning and combines a medical power of attorney and a living will.

Download: PDF, MS Word, ODT

 

General (Non-Durable) Power of Attorney – Grants the same financial powers listed in the durable form except that it does not remain in effect if the principal becomes incapacitated or mentally disabled.

Download: PDF, MS Word, ODT

IRS Power of Attorney (Form 2848) – Revised in Dec. 2015, allows an individual or business entity to elect a party, usually an accountant or tax attorney, to file federal taxes on their behalf.

Download: PDF

Limited Power of Attorney – Permits a person to carry out a specific activity on the principal’s behalf either as a one (1) time occurrence or for a specific period of time.

Download: PDF, MS Word, ODT

Medical (Health Care) Power of Attorney – Used by an individual to select someone to handle their health care decisions in the chance they are not able to do so on their own.

Download: PDF, MS Word, ODT

Minor (Child) Power of Attorney – A parent can give temporary custody of their child to someone else (typically 6-12 month maximum).

Download: PDF, MS Word, ODT

Real Estate Power of Attorney – For a buyer or seller of a property that would like to hand over their rights in relation to handling the negotiation and transaction at closing.

Download: PDF, MS Word, ODT

Revocation of Power of Attorney – To void a current power of attorney arrangement.

Download: PDF, MS Word, ODT

State Tax Filing Power of Attorney – Used to elect a tax preparer to handle a filing on behalf of an individual or entity. Can be used for State or Federal filings.

Download: (State Specific)

Vehicle Power of Attorney – Hands over authority over a vehicle. Allows an agent to handle DMV activities and transfer ownership.

Download: PDF, MS Word, ODT

What is Power of Attorney?

Power of attorney designates an individual (agent) to handle someone else’s affairs (principal). The designation may be for a limited period of time or the remainder of the principal’s life.

A principal can appoint an agent to handle any legal activities under State law. The most common types are financial or medical powers and can be made to go into effect if the principal becomes incapacitated.

Legal Definition

Uniform Power of Attorney Act (UPOAA), Section 102(7) (page 13):

Power of attorney” means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used.

How to Get Power of Attorney (5 steps)

  1. Deciding Powers to Grant
  2. Selecting an Agent
  3. Writing the Form
  4. Signing with Witnesses
  5. Storing and Availability

1. Deciding Powers to Grant

person researching types of power of attorney on laptop

Choose the power of attorney document that suits the needs of the principal. In most cases, individuals complete a durable POA and an advance directive to cover their financial and medical needs.

2. Selecting an Agent

principal in conversation with agent

Most commonly, an agent is the spouse or close relative of the principal. It should be someone that is trustworthy to handle personal financial and medical decisions.

3. Writing the Form

principal and agent filling out power of attorney form on laptop

It is recommended to complete the form with a lawyer present to advise and ensure the document is legally binding. A lawyer can also advise any related estate planning guidance.

4. Signing with Witnesses

principal reviewing required forms for power of attorney

A power of attorney form must be signed in accordance with State law. This often requires two witnesses, a notary public, or both.

5. Storing and Availability

principal stretching while sitting at desk with binders of documents

It is recommended that the agent and any interested parties be given a copy. The signed copy must be shown each time the agent acts on behalf of the principal.

Signing as the Agent

closeup of agent signing power of attorney form

When the agent signs documents on behalf of the principal, they should sign in the following manner:

[Principal’s Name], by [Agent’s Name], Attorney-in-Fact

Sample

Download: PDF, MS Word, ODT

POWER OF ATTORNEY

I, [PRINCIPAL’S NAME], residing at [PRINCIPAL’S ADDRESS], hereby appoint [AGENT’S NAME], residing at [AGENT’S ADDRESS], as my attorney-in-fact (hereinafter referred to as “Agent”) to act on my behalf in the following matters:

(initial all that apply)

  1. _____ – Financial Matters: To manage, control, and make decisions regarding my finances and property, including but not limited to banking transactions, investments, real estate transactions, and tax matters.
  2. _____ – Healthcare Decisions: To make decisions concerning my medical care, treatment options, and healthcare services, including the authority to consent to or refuse medical treatment, surgery, or hospitalization on my behalf.
  3. _____ – Legal Affairs: To handle legal matters and represent me in legal proceedings, including signing legal documents, contracts, and agreements, and engaging legal counsel on my behalf.
  4. _____ – Personal Affairs: To manage and make decisions regarding my personal affairs, including accessing and managing personal records, obtaining government benefits, and handling day-to-day matters as necessary.
  5. _____ – Other Powers: [DESCRIBE]

This Power of Attorney shall remain in effect in the event of my: (check one)

Incapacitation. Therefore, this form is not durable.
Death. Therefore, this form is durable.

Signature and Date:

Principal’s Signature: _____________________ Date: ______________

Witnesses:

Witness #1 Signature: _____________________ Date: ______________

Witness #2 Signature: _____________________ Date: ______________

Agent Acceptance:

I, the aforementioned Agent named herein, accept the responsibilities and duties as the attorney-in-fact for the principal under this Power of Attorney.

Agent’s Signature: _____________________ Date: ______________