are the legal requirements that make a power of attorney
legal and binding?
does the power of attorney take effect?
should act as my power of attorney?
only two primary requirements for a power of attorney. One
is soundness of mind. The person signing the power of
attorney cannot be mentally ill or disabled. In addition,
the person must be acting on his or her own free will
without undue influence from others. The other requirement
is witnesses. In most states, you must have at least two
people, not related to you or each other, witness you
signing the power of attorney.
||The power of
attorney can take effect as soon as you have the document
signed with all appropriate signatures. Alternately, you
can specify the power of attorney will not go into effect
unless a doctor certifies you have become incapacitated.
This is called a “Springing” Power of Attorney. It
allows you to keep control over your affairs unless and
until you become incapacitated.
||You can grant
any adult the power of attorney. However, the person to
whom you grant the power of attorney should be someone you
trust completely. The attorney-in-fact must always act in
your best interests, maintain accurate records, keep your
property separate from his or hers, and avoid conflicts of
You should not assume your spouse will automatically be
legally allowed to manage your finances if you are unable
to do so without a power of attorney.
My spouse and I would
like to create a joint power of attorney. Do you provide
“durable” in Durable Power of Attorney mean?
If I have a Will, do I
need a power of attorney?
If you wish to create a joint power of attorney you would
need a specialized family and estate planning attorney who
would draft up a particular document for you. In most
cases (even between couples), a power of attorney is
drafted for an individual. Most couples who use our
service choose to create a second power of attorney for
The word “durable” in
“Durable Power of Attorney” means that your power of
attorney will be considered valid and legal even if you
later become incapacitated
|A Will determines how your estate should be
managed ONLY after your death. A durable power of attorney
is needed for circumstances which take place while you are
difference between an Attorney-in-Fact and an Executor?
What is the difference
between a Springing Power of Attorney and a Durable Power
Do I have to give my
Attorney-in-Fact power over everything?
|An attorney-in-fact of a
power of attorney makes decisions for you when you are
alive. An executor of a last will and testament makes
decisions on behalf of your estate after your death.
The difference has to do
with when the power of attorney goes into effect. You may
choose either (1) that your power of attorney will be
effective immediately and will not be affected by any
subsequent disability or incapacity (commonly referred to
as a Durable Power of Attorney) or (2) that you do not
wish to have your power of attorney go into effect until a
doctor certifies that you have become incapacitated (what
is commonly known as the “Springing” Power of
|No. You do not have to
give your attorney-in-fact power over everything. You can
designate specific, limited powers to your
attorney-in-fact. These forms will allows you to specify
the powers you wish to delegate.