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A Power of Attorney is one of the simplest forms that can be prepared without an attorney. Check with district court to ensure that you have met all of the necessary requirements.

What is a Power of Attorney

A Power of Attorney gives another person or group of persons the authority to act on your behalf, usually referred to as the Attorney in Fact or Agent. The Power of Attorney can cover a wide range of matters which include finances, real estate, medical issues, or everything.

Here are the basic steps in drafting a Power of Attorney:

  1. Find a Power of Attorney Form: Simple forms can be found online and sometimes free from local legal aid services and law firms.
  2. Decide on an Agent: You must delegate an Attorney in Fact or Agent and need to have their address for the Power of Attorney. Some forms require the Agent or Attorney in Fact to sign the Power of Attorney to provide a specimen signature.
  3. Select What the POA Will Cover: Most forms you can select everything or just specify the areas you would like the Attorney in Fact to act on your behalf.
  4. Sign the POA: Most states you will need to sign the Power of Attorney form in front of a notary public which can be found at most banks.
  5. Keep the Original in a Safe Place. Make sure the Agent knows or has possession of the original as most places require the original and not a copy for the Power of Attorney to be valid.
When Does a Power of Attorney End?

A Power of Attorney is not valid when you die. It only covers the areas specified while you are alive.

As long as you are mentally competent you can revoke the Power of Attorney, select a different Agent or just terminate or revoke it.

A Court may invalidate the Power of Attorney if it is determined that you were not mentally competent when you signed it or if you were a victim of some kind of fraud.

If your Agent is your spouse, in some states the Power of Attorney is terminated automatically upon divorce.

If an Agent is not available, your Power of Attorney may be terminated. It is often a good idea to select alternate Attorney in Facts or Agents, in the event that one is not able to handle your affairs for you.

It may seem complicated, but if you just need a basic Power of Attorney drafted, you may be able to take care of it simply and on your own, without the assistance of any legal services.

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Q: How to Draft a Power of Attorney?
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