The POA should be witnessed and signed before a notary public. You should be able to do it at the principal's bank. Unless you are absolutely sure about what you're doing and fully informed about the consequences, you should consult an attorney. A POA grants sweeping powers to your attorney-in-fact. They will have complete access to your assets and will need to be capable of keeping good records. They should keep an account of all the money coming in and all the money going out by their hand. They must be trustworthy, organized, intelligent, reliable and act in a professional manner where your finances and property are concerned.
A medical power of attorney will enable your agent to make medical decisions on your behalf if you should become unable to make those decisions for yourself.
No, you do not need an attorney to prepare a Durable POA. However, most people have no idea what effect a POA has, what authority the attorney-in-fact has nor the legal limits of the attorney-in-fact's authority. The principal should be fully informed of the authority that will be given over to the attorney-in-fact and that choosing a person who can be trusted is crucial. The attorney-in-fact will gain complete control over the principal's assets and finances. The attorney-in-fact should be informed of what their authority does not cover. You should consult with an attorney who can reivew your situation, discuss your needs and draft a Durable POA that meets those needs.
A durable power of attorney may not be what you need. You need to consult with an attorney who specializes in business law in your area.
In the state of Florida both durable and non-durable power of attorney needs to be notarized. This does in fact include the medical power of attorney.
You need a Medical Durable Power of Attorney. *I am not a lawyer. This is not legal advice. Please consult with a professional before taking action.*
Generally, the durable power of attorney forms can be filed with the local county recorder. This is frequently required for estate or finance transactions. Often, however, depending upon the transaction you are trying to complete, the durable power of attorney need only be produced by the attorney-in-fact when they complete a transaction on behalf of the assignor.
Witnesses are required when filling out a power of attorney form. The witnesses must be present when the form is signed.
state law declares that the document is presumed to be genuine if it is notarized.
If you are one of the account holders, yes. You do not need a power of attorney to do so. Also a power of attorney expires on the death of the grantor.
Being the attorney-in-fact under a Durable POA has nothing to do with getting a divorce. You can't consent to the divorce on behalf of your spouse by using your power as attorney-in-fact. You would need to file for a divorce using the normal route after you have consulted with an attorney to find out how you should proceed in your particular situation under the laws of your state.
Yes, you will need a lawyer to change the Power of Attorney and a good reason given why he sister should be taken off because she can contest this.
You would need a power of attorney to sign her tax return for her. If your daughter is incapable of signing for herself then you should have a durable power of attorney drafted. If she is not competent then you would need to be appointed her guardian. You should seek the advice of an attorney to discuss your options.
If they are mentally competent, yes they can. They simply need to execute the statement to that effect.
You can get a durable power of attorney at an Attorney's office. If you can't afford an attorney you can check with your local legal aid office. You can also find power of attorney handbooks with forms at a bookstore or library.