Being your mother's power of attorney allows you to legally act for her in various financial matters, like bank account and real estate transactions. You must have a signed power of attorney document from your mother or a court order to act as such. The extent of your authority is specified in the power of attorney itself, and your mother has the right to revoke the power at any time if she is capable of doing so.
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Get a fill-in power of attorney form from a legal print store. Purchase a form from a shop in your state, as the form must adhere to state standards.
Talk to your mother. Your mother must be willing and able to sign the power of attorney documents. Explain what duties you will have a legal right to perform for her. Write down her wishes and requests for future guidance should she become incapacitated. Decide on a time limit for effectiveness of the power of attorney, if any.
Fill out the power of attorney in full. Write your mother's name and address in the "principal" section; the principal is the person who is granting the power. Write your name and address in the recipient section, referred to as "attorney-in-fact" or "agent." Designate an alternate power of attorney, if any. Follow the form's instructions for filling in the powers section. Some forms require you strike out powers that are not being granted, while others direct those lines be left blank.
Ask your mother to sign and date the form in front of a qualified notary. Visit your bank or local recorder's office to receive notary services. Keep the power of attorney in a safe place and have copies made.
Contact an attorney if your mother is unable or unwilling to sign the power of attorney. Contact the bar association for a list of attorneys who focus on guardianship law. You will need to petition the court to obtain power of attorney for your mother.
Tips and warnings
- File the original power of attorney in the county recorder's office if you need to sign in a transaction with your mother's real estate.
- Obtain a medical proxy for your mother if you need to make health care decisions for her. A power of attorney does not give you authority over her medical affairs.
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