how do i make a lawyer my poa

Follow these steps to ensure the process runs smoothly and meets legal requirements:

• Step 1: Bring Your Power of Attorney Agreement and ID. When signing as a POA, you need to bring the original power of attorney form to the meeting — ...
• Step 2: Determine the Preferred Signature Format.
• Step 3: Sign as the Principal.
• Step 4: Sign Your Own Name.
• Step 5: Express Your Authority as Attorney-in-Fact.

Full Answer

What is a PoA (power of attorney)?

A POA stands for a power of attorney—a legal document used to transfer power over certain decisions from one person to another. A power of attorney is created between two parties—the principal and attorney-in-fact.

How do you write a financial power of attorney for yourself?

If you do not want a durable power of attorney, then title it “Financial Power of Attorney.” Designate an agent. In the first paragraph, identify yourself and designate the agent. You can also appoint successor or alternate agents. If your primary agent dies, then a successor agent will serve.

Should I hire a lawyer to create a power of attorney?

Thus it is at least sensible to have an expert power of attorney lawyer review your document should you decide to create one on your own. The cost of hiring a lawyer can vary greatly depending on the city and amount of work that needs to be done.

How do I get power of attorney for a family member?

Deciding Whether Power of Attorney is Right for You and Your Loved One Talk to your loved one. Choose someone to be the agent. Determine what type of power of attorney is needed. Pursue legal guardianship if you cannot obtain power of attorney. Contact a trusts and estates attorney.

Responsibilities of a POA Agent

When you create a POA, you are the principal authorizing an agent to act on your behalf. Agents are required to use reasonable care and loyalty in acting for you, using what is called fiduciary duty. Your agent cannot profit from representing you, but in some states it is legal to pay the agent a reasonable fee.

Types of Powers of Attorney

There are a variety of powers of attorney that may be available in your state. These include:

Executing and Revoking a POA

Each state has its own laws about how a POA must be executed to be legal in that state, so be sure to check your state laws. In some states, you must sign the document before a notary. Other states require witnesses.

Do I Need a Lawyer for the Power of Attorney?

You can get a power of attorney without having a lawyer involved, but that doesn’t mean you shouldn’t hire one.

When Do You Need a Lawyer for the Power of Attorney?

If you don’t know what the laws of your state require you to do when writing a power of attorney or where to begin with the procedure, hiring a lawyer would be a good option. They can assist you in composing your document and make certain it is valid for a certain fee.

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What Is a POA?

A POA stands for a power of attorney—a legal document used to transfer power over certain decisions from one person to another.

All You Need To Know Before Making a Power of Attorney Letter

Powers of attorney are one of the most powerful legal documents. Giving powers over important decisions away is not something you should brush aside. Before writing a power of attorney, you should consider the following:

What To Include in a Letter of Power of Attorney

Take a look at the following table to see what your power of attorney document should cover:

How To Write a Power of Attorney

Hire a lawyer to draw up a POA for you —Having a lawyer create a power of attorney for you is one of the most reliable options, but it is also the most expensive one

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What To Do After Creating a Power of Attorney Letter

The following table shows the steps you should take once you and your attorney-in-fact sign the POA:

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Expert Q&A

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Tips

Make sure that if you are selected that you have the time to perform the power of attorney on behalf of the principal.

Warnings

You are not allowed to charge for acting as power of attorney on behalf of someone else. The only charges you can make are on food, lodging, and travel for performing your duties.

About This Article

This article was co-authored by Clinton M. Sandvick, JD, PhD. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. This article has been viewed 687,127 times.

What a Power Of Attorney lawyer can do for you

Lawyers who have expertise creating power of attorney will make sure that the individual you are giving decision-making authority fits your goals and desires.

Why Hire a Power of Attorney Lawyer

A power of attorney lawyer can help you simplify the estate planning process with the following specific tasks:

Cost of Hiring a power of attorney lawyer

The cost of hiring a lawyer can vary greatly depending on the city and amount of work that needs to be done. Getting a power of attorney does not have to be a difficult or expensive process.

Did you know?

Power of attorney is one of the primary means by which older adults are financially exploited, leading one Pennsylvania official, in a congressional report on elder justice, to describe power of attorney documents as a “powerful, simple, and dangerous tool.”

Can I change or cancel a power of attorney?

Yes. You have the option of changing your power of attorney to specify new terms or canceling it altogether.

How to cancel or change your power of attorney

To change some of the details in your power of attorney or appoint new attorneys, you’ll have to cancel the existing documents and fill out new forms for a new power of attorney.

When to change or cancel a power of attorney

You may want to change or cancel a power of attorney for several reasons, including:

How to create a power of attorney

If you’re just now considering creating a power of attorney, you’ll need to specify various things such as:

Bottom line

No matter the reason for your desired changes, you can update your power of attorney by following a few steps — and it starts with completing the required legal paperwork.

Katia Iervasi

Katia Iervasi is a staff writer who hails from Australia and now calls New York home. Her writing and analysis has been featured on sites like Forbes, Best Company and Financial Advisor around the world.

Understand What the Law Allows (and Doesn't Allow)

POA laws vary from state to state, but they generally share some basic commonalities. Depending on the particular legal document, power of attorney gives you the power to act on someone's behalf for a specified amount of time with regard to financial management, health-related decision making, or both.

Learn About "Capacity" and Evaluate Your Parent's Situation

Did you know that only about 37 percent of adults in America have set up any kind of advance directive for end-of-life healthcare (such as medical power of attorney or a living will)? That may be one reason why so many people wonder how to get power of attorney over a parent who seems to be "losing it." After all, by the time your parent becomes legally incapacitated, it's too late to get power of attorney.

Familiarize Yourself With the Various Types of Power of Attorney

A POA agreement can take many different forms. So it's important to choose the type of power of attorney that is most appropriate for your parent's goals and situation. Depending on the particular agreement, a power of attorney covers a broad or narrow set of responsibilities, usually related to financial and/or medical and caregiving matters.

Discuss the Issue With Your Parent (and Possibly Other Family Members)

Since your parent is the only person who can grant you or someone else power of attorney, this step is a must.

Hire an Estate or Elder Law Attorney (Optional but Recommended)

Technically, you don't need a lawyer to get a power of attorney agreement created. That may lead you to ask, "Where can I get power of attorney forms to fill out?" The answer is pretty simple: You and your parent can get self-guided legal services through a website like LegalZoom or find free power of attorney forms online.

Help Your Parent Choose the Best Course of Action

Instead of getting your parent to rush into an agreement, allow ample time for him or her to reflect on the various options. Always remember that a POA agreement can be challenged or rendered invalid if it's determined that your parent was coerced into signing it. Ultimately, this decision is your parent's to make, not yours.

Mind All the Details When Drafting the Paperwork

This step will be much easier if you've hired a lawyer. After all, trying to get everything right on a generic power of attorney form that you've downloaded from the Internet or bought in a store can sometimes be difficult or impossible. And it is critical that you get everything right.