By State
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By Type (12)
 Durable (Financial) Power of Attorney – Financial purposes only. Remains in effect if the principal becomes incapacitated.
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 Advance Directive – Used for health care planning (combines a medical power of attorney and living will).
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 General (Non-Durable) Power of Attorney – Financial purposes only. Becomes void if the principal becomes incapacitated.
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 IRS Power of Attorney (Form 2848) – Allows someone else to file federal taxes on their behalf.
Download: PDF |
 Limited Power of Attorney – For a specific task.
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 Medical (Health Care) Power of Attorney – To handle medical decisions on someone else’s behalf.
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 Minor (Child) Power of Attorney – For a parent to elect someone else to take temporary custody of their child.
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 Real Estate Power of Attorney – To handle buying, selling, or leasing of property on the owner’s behalf.
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 Revocation of Power of Attorney – To void a current power of attorney document.
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 State Tax Filing Power of Attorney – Allows someone else to file State taxes on their behalf.
Download: (State Specific) |
 Uniform Power of Attorney Act (UPOAA) Version – A standard (statutory) version used in 32 States.
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 Vehicle Power of Attorney – To handle the buying, selling, or registering of a vehicle on the owner’s behalf.
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What is Power of Attorney?
Power of attorney designates an individual (agent) to handle someone else’s affairs (principal) for a fixed or indefinite time period.
A principal can appoint any adult they want as their agent. Once selected, an agent can perform any task for the principal if permitted in the power of attorney document.
Legal Definition
“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.
Source: Uniform Power of Attorney Act (UPOAA), Section 102(7) (page 8):
How to Get Power of Attorney (5 steps)
1. Granting Powers
The principal can select a power of attorney document based on the powers granted. If multiple powers are given, the principal can select more than one type.
Powers to Choose
- Financial
- Durable POA
- General POA
- Limited POA
- Real Estate POA
- Vehicle POA
- Health Care
- Advance Directive
- Living Will
- Medical POA
- Minor (Child)
- Tax
- Federal (IRS 2848)
- State POA
3. Completing the Form
A power of attorney document can be completed by the principal or a lawyer (recommended).
Estate Planning
It is common to complete other estate planning documents while making a power of attorney, such as creating a last will and testament or living trust.
5. Storage and Use
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.
Where to Store
- Attorney’s Office – An estate attorney or someone who would know if the principal became incapacitated.
- Cloud Storage – Upload and share on Google Drive, Dropbox, or OneDrive to family members as “view only” so it can’t be modified.
- Family Member – Specifically, someone who is the executor or beneficiary of the principal’s estate.
Sample
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)
- _____ – 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.
- _____ – 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.
- _____ – 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.
- _____ – 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.
- _____ – 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: ______________