Power of Attorney Form Templates

111
total templates

What Is a Power of Attorney?

A Power of Attorney Form - also referred to as a POA - is a legal document used for electing an individual to act on another party's behalf in business or legal matters. This agreement is made between two parties: the Principal and the Agent. The POA is needed when the Principal is unable to make decisions on their own for any reason. 

By signing the agreement, the Principal allows the Agent to legally represent their interests. The Principal usually states what powers they want their Agent to have. Sometimes the Principal also appoints a secondary Agent in case their main Agent does not want or cannot perform their duties. The POA is not a bilateral contract, it is more like a unilateral description of what authority is permitted to the Agent by the Principal.

Types of Powers of Attorney:

  1. General Power of Attorney.
  2. Limited or Special Power of Attorney.
  3. Durable Power of Attorney.
  4. Healthcare or Medical Power of Attorney.
  5. Springing Power of Attorney.

There is no federal law concerning these forms, however, an existing model Uniform POA is applicable for most of the states either fully or partially. Being a subject to the laws of individual states, POAs vary from state to state, thus it is better to consult your state law before filling out your own Form.

Alabama

Hawaii

Massachusetts

New Mexico

South Dakota

Alaska

Idaho

Michigan

New York

Tennessee

Arizona

Illinois

Minnesota

North Carolina

Texas

Arkansas

Indiana

Mississippi

North Dakota

Utah

California

Iowa

Missouri

Ohio

Vermont

Colorado

Kansas

Montana

Oklahoma

Virginia

Connecticut

Kentucky

Nebraska

Oregon

Washington

Delaware

Louisiana

Nevada

Pennsylvania

West Virginia

Florida

Maine

New Hampshire

Rhode Island

Wisconsin

Georgia

Maryland

New Jersey

South Carolina

Wyoming

 

Difference Between Power of Attorney and Advance Directive

A Power of Attorney is commonly confused with an Advance Directive (or Advance Healthcare Directive). The concepts are similar with both forms allowing to elect a representative to act on another person’s behalf and both stating the specific circumstances under which the representative will act. There is a difference, however: the POA is more commonly used for financial decisions while the Advance Directive allows the representative to make healthcare decisions. 

How to Use a Power of Attorney?

A POA is used anytime a person wants someone to make financial decisions for them. This agreement also comes in handy in case of physical or mental incapacity. 

The document must include the identifying information of both of the parties along with a certification by no less than two witnesses. Being a serious legal agreement, the POA includes detailed information on the exact types of authority will the appointed Agent get. The Principal also decides upon when and why the document goes into effect and its end date.

 

The most important thing to decide on is the Agent. Since the agent will manage important financial issues, they have to be a trustworthy person. Normally, people choose close relatives or good friends to act as their Agents. If you choose your spouse as your Agent the spouse's power will automatically terminate in case of divorce.

After filling out the form, the Power of Attorney has to be printed out, signed and notarized.

Documents

111

DA Form 5841 "Power of Attorney"

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4.6(4.6 / 5) 108 votes
Size: 54 KB
3 pages

Download this form for designating a guardian for child care during a service member's absence. It is a must-have document for every selected guardian.

VA Form 10-0137 "VA Advance Directive: Durable Power of Attorney for Health Care and Living Will"

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4.5(4.5 / 5) 77 votes
Size: 3 MB
7 pages

This form is a Power of Attorney (POA) form used by the Department of Veterans Affairs (VA). This form is used to designate a health care representative that will be able to act on behalf of the person in case they will no longer be able to make decisions themselves.