How to obtain power of attorney

Written by mike broemmel
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A power of attorney can be in instances in which an individual needs assistance in dealing with financial or health related issues. If you have a family member or a close friend in need of this type of support, you may wonder how to obtain power of attorney. The same process is used for obtaining power of attorney for either financial or health-related purposes.

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Things you need

  • Written power of attorney form

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  1. 1

    Determine whether a power of attorney is needed for financial or health care purposes. In some instances, both type of powers of attorney are desired. A financial and health care power of attorney cannot be made in the same document.

  2. 2

    Obtain a standard power of attorney form. You do not need to hire an attorney to draft a power of attorney. You can obtain a financial power of attorney form from many financial institutions or your local bar association. Hospitals, doctors and even religious organisations have health care power of attorney forms.

  3. 3

    Insert the name and contact information on the appropriate form for the person who is to be the agent of the person making the power of attorney.

  4. 4

    Schedule an appointment with a notary public for the person making the power of attorney to sign the document. A power of attorney must be signed in front of a notary public. Additionally, some states have requirements for others to witness the signing of the document. Witnesses need to be present at the same time, in front of the notary public.

  5. 5

    Provide the original copy of the power of attorney form to the individual designated as the agent within the document.

  6. 6

    Record the power of attorney with the county register of deeds or the probate court if the law in your state has such a requirement. Most states do not mandate the filing of a power of attorney. The power of attorney form itself likely will contain a statement that filing is required by state law is that is a requirement.

Tips and warnings

  • A person signing a power of attorney must be competent at the time of executing the document. If there is any question about this individual's ability to understand what she is doing, a power of attorney should not be executed. Rather, you should take steps through a probate court to establish a guardianship and conservatorship.

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