What is a Power of Attorney

A Power of Attorney (POA) is a legal document that allows an individual, known as the principal, to appoint another person—the agent or attorney-in-fact—to act on their behalf in financial, legal, or other authorized matters.

This authority can be:

• General, granting broad powers over most or all of the principal’s affairs, or

• Limited (or Special), restricting the agent’s authority to specific tasks or transactions.

  
  

When Is a POA Used?

A POA is commonly used when the principal:

• Is traveling or temporarily unavailable

• Becomes ill or incapacitated

• Wants assistance managing financial or legal responsibilities

  
  

The appointed agent may perform duties such as:

• Signing documents

• Accessing bank accounts

• Managing property transactions

• Conducting other financial or legal business on behalf of the principal

  
  

Types of Power of Attorney

There are two primary types of POA:

• Durable Power of Attorney

  Remains valid even if the principal becomes mentally incapacitated. This is often used in long-term planning.

• Non-Durable Power of Attorney (commonly a general POA)

  Becomes invalid if the principal becomes incapacitated. It is typically used for short-term needs.

Revoking a Power of Attorney

A POA can be revoked at any time by the principal, provided they are mentally competent. To formally revoke a POA, the principal must execute a Revocation of Power of Attorney and notify all relevant parties.

Legal Considerations

Agents under a POA are legally bound by a fiduciary duty to act in the best interests of the principal and must not misuse their authority.

⚠️ Important Reminder for Notaries:****Notaries are not authorized to provide legal advice, draft POA documents, or answer questions about the legal implications of these forms. Doing so may constitute the Unauthorized Practice of Law (UPL).****