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How To
Home›How To›How to Get Power of Attorney: 12 Steps

How to Get Power of Attorney: 12 Steps

By Matthew Lynch
January 24, 2024
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A power of attorney (POA) is a helpful legal tool that allows you to appoint a trusted person as your representative in making critical decisions for you in case you become unable to do so yourself. This article will guide you through the 12 steps on how to get a power of attorney.

1. Determine the type of power of attorney: Before proceeding, you must understand the various types of power of attorney available, such as a general, limited, durable or medical power of attorney. Choose the one that best suits your needs.

2. Identify your agent: Carefully select a trusted individual who possesses sound judgment, and is capable of making responsible decisions on your behalf. This person will become your agent or “attorney-in-fact.”

3. Talk to your chosen agent: Have an open conversation with your potential agent about your intentions and discuss their willingness and ability to take on the responsibility.

4. Consult an attorney (optional): While it’s not required, speaking with an experienced lawyer can provide valuable insight into the type and scope of POA you may need.

5. Obtain POA forms: Acquire state-specific POA forms from trustworthy sources like a legal stationery store, or download from reliable online websites or government portals.

6. Fill out the forms: Complete the necessary paperwork by clearly delineating your wishes and specifying the powers granted to your agent within the scope of authority mentioned in the form

7. Sign and date the document: Ensure that both parties — the principal (you) and your agent — sign and date the completed document.

8. Obtain witness signatures (if required): Depending on where you live, there might be a requirement for one or more witnesses to sign while observing your signature on the document.

9. Get the document notarized: Not all states require notarization, but having this step completed can prevent potential future disputes.

10. Make copies: Keep multiple copies of the document and provide one to your agent as well as any alternate agents, healthcare providers, or financial institutions as required.

11. File the document (if necessary): Some states require certain types of POAs to be filed with local courts or government agencies. Be sure to check your state’s specific legislation.

12. Review and update periodically: Circumstances change over time, and it’s essential to review and update your power of attorney document, especially if you undergo significant life events like marriage, divorce, or major health events.

By following these 12 steps, you can ensure that you have a legally valid power of attorney in place to protect your interests and give peace of mind should the need arise.

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