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Power of attorney is a designation given to an agent to handle financial or medical acts on someone else’s behalf. The person giving permission, known as the principal, can also choose to have the agent continue to operate on their behalf even if they should become incapacitated (known as durable power of attorney).

Durable ($) Power of Attorney – To grant power to bank accounts, real estate, and any other financial-related acts. The powers are durable which means the form remains valid even if the principal should become mentally incompetent.

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General ($) Power of Attorney – Grants identical financial powers as the durable version. Although, the general power of attorney is no longer valid if the principal becomes mentally incompetent.

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IRS Power of Attorney (Form 2848) – To hire or allow someone else to file federal taxes to the Internal Revenue Service on your behalf.

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Limited Power of Attorney – For any non-medical power. This is common for one-time instances such as picking up mail, borrowing a vehicle, or staying at someone else’s home.

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Medical Power of Attorney – Referred to as an “Advance Directive” which allows someone to act as a health care surrogate and make decisions based on the patient’s wishes.

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Parental (Minor) Power of Attorney – To give health and educational powers to someone else over the caretaking of one’s child.

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Real Estate Power of Attorney – For the buying, selling, renting, or occupying someone else’s property.

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Revocation Power of Attorney – To cancel or void a power of attorney document.

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State Tax Power of Attorney – Just like IRS Power of Attorney except for State Tax purposes. Elect someone else to handle the filing of personal and corporate tax records to the State’s Dept. of Revenue.
  • How to Get Power of Attorney
  • Why Have Power of Attorney?

An individual may get power of attorney for any type in five (5) easy steps:

Step 1 – Choose an Agent

Select and ask someone that you trust if they would like to be your “Agent” or “Attorney-in-Fact”. Especially for a durable power of attorney, the agent selected should be someone you have trusted most of your life.

Step 2 – Select Your Power of Attorney

Choose from one of the following eight (8) types:

  • Durable ($) – Financial only. Remains in-effect if the Principal becomes *incapacitated.
  • General – Financial only. It does not remain in effect if the Principal becomes *incapacitated.
  • IRS (2848) – Federal tax filing with the Internal Revenue Service.
  • Limited – Special activity or task.
  • Medical – Health care decision-making only. It becomes active only when the Principal becomes *incapacitated.
  • Parental – Minor’s education, health, and everyday care. Most States limit this to a maximum of one (1) year.
  • Real Estate – Sale, purchase, or maintaining the property. Mostly used for real estate closings.
  • Revocation – To terminate or cancel a current power of attorney document.

*Incapacitation is defined as not being able to make rational and cognitive decisions knowing full-well of the consequences of such decided actions.

Step 3 – Signing Requirements

After completing, you and the Agent(s) selected will need to check the bottom of the form for the requirements for authorization. In most cases, a Notary Public will need to be used or Two (2) Witnesses.

STATEDURABLEGENERALMEDICALMINOR (CHILD)REAL ESTATETAXVEHICLE
AlabamaNotary PublicNotary Public2 WitnessesNotary PublicNotary PublicPrincipal OnlyNotary Public
AlaskaNotary PublicNotary PublicNotary PublicNotary Public or 2 WitnessesNotary PublicPrincipal OnlyNotary Public
ArizonaNotary Public and 1 WitnessNotary Public and 1 WitnessNotary Public or 1 WitnessNotary Public and 1 WitnessNotary Public and 1 WitnessPrincipal OnlyNotary Public
ArkansasNotary PublicNotary PublicNotary Public and 2 WitnessesNotary PublicNotary PublicPrincipal OnlyPrincipal Only
CaliforniaNotary Public or 2 WitnessesNotary Public or 2 WitnessesNotary Public or 2 WitnessesNotary Public or 2 WitnessesNotary Public or 2 WitnessesPrincipal OnlyPrincipal Only
ColoradoNotary PublicNotary PublicPrincipal Only (Notary Public and 2 Witnesses Recommended)Notary PublicNotary PublicPrincipal OnlyNotary Public
ConnecticutNotary Public and 2 WitnessesNotary Public and 2 Witnesses2 WitnessesNotary Public and 2 WitnessesNotary Public and 2 WitnessesPrincipal OnlyNotary Public and 2 Witness
DelawareNotary Public and 1 WitnessNotary Public and 1 Witness2 WitnessesNotary Public and 1 WitnessNotary Public and 1 WitnessN/ANotary Public
FloridaNotary Public and 2 WitnessesNotary Public and 2 Witnesses2 WitnessesNotary Public and 2 WitnessesNotary Public and 2 WitnessesPrincipal OnlyPrincipal Only
GeorgiaNotary Public and 1 WitnessNotary Public and 1 Witness2 WitnessesNotary PublicNotary Public and 1 WitnessPrincipal Only (Notary Public and 2 Witnesses in Certain Circumstances)Notary Public
HawaiiNotary PublicNotary PublicNotary Public and 2 WitnessesNotary PublicNotary PublicPrincipal and RepresentativeNotary Public
IdahoNotary PublicNotary PublicPrincipal OnlyNotary PublicNotary PublicPrincipal OnlyNotary Public
IllinoisNotary Public and 1 WitnessNotary Public and 1 Witness1 Witness1 Witness (Only in Certain Circumstances)Notary Public and 1 WitnessPrincipal and Representative (Witness or Notary Public in Certain Circumstances)Principal Only
IndianaNotary PublicNotary Public1 WitnessNotary PublicNotary PublicPrincipal OnlyNotary Public
IowaNotary PublicNotary PublicNotary Public and 2 WitnessesNotary PublicNotary PublicPrincipal OnlyNotary Public
KansasNotary PublicNotary PublicNotary Public or 2 WitnessesNotary PublicNotary PublicPrincipal and RepresentativePrincipal Only
KentuckyNotary Public and 2 WitnessesNotary Public and 2 WitnessesNotary Public and 2 WitnessesNotary PublicNotary Public and 2 WitnessesPrincipal OnlyNotary Public
LouisianaNotary Public and 2 WitnessesNotary Public or 2 Witnesses2 WitnessesNotary Public and 2 WitnessesNotary Public and 2 WitnessesPrincipal OnlyNotary Public and 2 Witnesses
MaineNotary PublicNotary Public2 WitnessesNotary PublicNotary PublicPrincipal OnlyN/A
MarylandNotary Public and 2 WitnessesNotary Public and 2 Witnesses2 WitnessesNotary Public and 2 WitnessesNotary Public and 2 WitnessesPrincipal OnlyPrincipal Only
MassachusettsNotary Public or 2 WitnessesNotary Public or 2 Witnesses2 Witnesses2 WitnessesNotary Public and 2 WitnessesPrincipal Only (Notary Public or 2 Witnesses in Certain Circumstances)N/A
MichiganNotary Public or 2 WitnessesNotary Public or 2 Witnesses2 WitnessesNotary Public or 2 WitnessesNotary Public or 2 WitnessesPrincipal OnlyPrincipal Only
MinnesotaNotary PublicNotary PublicNotary Public or 1 Witness2 WitnessesNotary PublicPrincipal OnlyN/A
MississippiNotary PublicNotary PublicNotary Public or 2 WitnessesNotary PublicNotary Public and 2 WitnessesPrincipal OnlyNotary Public
MissouriNotary PublicNotary Public or 2 WitnessesNotary PublicNotary PublicNotary PublicPrincipal OnlyNotary Public
MontanaNotary PublicNotary Public2 WitnessesNotary PublicNotary PublicPrincipal OnlyNotary Public
NebraskaNotary PublicNotary PublicNotary Public and 2 WitnessesNotary PublicNotary PublicPrincipal OnlyNotary Public
NevadaNotary PublicNotary PublicNotary Public or 2 WitnessesNotary PublicNotary PublicN/ANotary Public
New HampshireNotary PublicNotary PublicNotary Public or 2 WitnessesNotary PublicNotary PublicPrincipal Only (2 Witnesses in Certain Circumstances)Notary Public
New JerseyNotary PublicNotary Public or 2 WitnessesNotary Public or 2 Witnesses2 WitnessesNotary PublicPrincipal and RepresentativeNotary Public
New MexicoNotary PublicNotary Public2 Witnesses (Optional)Notary PublicNotary PublicPrincipal OnlyNotary Public
New YorkNotary PublicNotary Public2 WitnessesNotary PublicNotary PublicPrincipal Only (Notary Public or 2 Witnesses in Certain Circumstances)N/A
North CarolinaNotary PublicNotary PublicNotary Public and 2 WitnessesNotary PublicNotary PublicPrincipal OnlyNotary Public
North DakotaNotary Public or 2 WitnessesNotary Public or 2 WitnessesNotary Public or 2 WitnessesNotary PublicNotary PublicPrinipal OnlyN/A
OhioNotary PublicNotary PublicNotary Public or 2 WitnessesNotary PublicNotary PublicPrincipal OnlyNotary Public
OklahomaNotary Public and 2 WitnessesNotary Public and 2 Witnesses2 WitnessesNotary PublicNotary Public and 2 WitnessesPrincipal OnlyN/A
OregonNotary Public or 2 WitnessesNotary Public and 2 WitnessesNotary Public and 2 WitnessesNotary PublicNotary PublicPrincipal OnlyPrincipal Only
PennsylvaniaNotary Public and 2 WitnessesNotary Public and 2 Witnesses2 WitnessesNotary Public and 2 WitnessesNotary Public and 2 WitnessesPrincipal OnlyN/A
Rhode IslandNotary Public or 2 WitnessesNotary PublicNotary Public or 2 WitnessesNotary PublicNotary PublicNotary Public or 2 WitnessesN/A
South CarolinaNotary Public and 2 WitnessesNotary Public and 2 WitnessesNotary Public and 2 WitnessesNotary Public and 2 WitnessesNotary Public and 2 WitnessesPrincipal OnlyN/A
South DakotaNotary Public or 2 WitnessesNotary Public or 2 WitnessesNotary Public or 2 WitnessesNotary PublicNotary PublicNotary PublicNotary Public
TennesseeNotary public and 2 WitnessesNotary Public and 2 WitnessesNotary Public or 2 WitnessesNotary PublicNotary Public and 2 WitnessesPrincipal and RepresentativeNotary Public
TexasNotary PublicNotary PublicNotary Public or 2 Witnesses2 WitnessesNotary PublicPrincipal OnlyPrincipal Only
UtahNotary PublicNotary Public1 WitnessNotary PublicNotary PublicPrincipal OnlyN/A
VermontNotary Public and 1 WitnessNotary Public and 1 Witness2 WitnessesParents OnlyNotary Public and 1 WitnessNotary Public and 1 WitnessN/A
VirginiaNotary PublicNotary Public2 WitnessesNotary PublicNotary PublicPrincipal and RepresentativePrincipal Only
WashingtonNotary Public or 2 WitnessesNotary Public or 2 WitnessesNotary Public or 2 WitnessesNotary Public or 2 WitnessesNotary Public or 2 WitnessesPrincipal OnlyN/A
West VirginiaNotary PublicNotary PublicNotary Public and 2 WitnessesNotary PublicNotary PublicNotary Public or 2 WitnessesNotarty Public
WisconsinNotary PublicNotary Public2 WitnessesNotary Public (Witness Optional)Notary PublicPrincipal OnlyN/A
WyomingNotary PublicNotary PublicNotary Public or 2 WitnessesNotary PublicNotary PublicN/AN/A

Step 4 – Holding and Accessing Original Copies

It is important for all parties involved to have copies of their form. A power of attorney does not need to be recorded with any government office and is primarily held by the Principal and Agent(s).

Step 5 – Cancelling Power of Attorney

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A Principal may terminate this arrangement by signing a Revocation Form. Otherwise, it will only cancel upon the death of the Principal.

Accidents happen. Any person who should become incapacitated through an accident or illness would need to make arrangements beforehand for their financial and medial affairs.

Financial Affairs

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A durable or general power of attorney allows for any type of financial transaction to be handled by someone else. The financial transactions include, but are not limited to,

  • Real Property;
  • Personal Property;
  • Stocks and Bonds;
  • Commodities and Options;
  • Bank Accounts;
  • Business Entity;
  • Insurance and Annuities;
  • Estates and other Beneficial Interests;
  • Claims and Litigation;
  • Taxes; and
  • Retirement Plans.

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Medical Affairs

An advance directive, referred to as a “living will” or “medical power of attorney”, lets someone else handle health care decisions on someone else’s behalf and in-line with their wishes. These powers include:

  • Everyday medical decision-making;
  • End-of-life decisions;
  • Donation of organs;
  • The nomination of a Conservator; and
  • Autopsy authorizations.

Other Instances

For other nominations, a principal may assign power of attorney under a special circumstance with the limited form. In addition, if the principal is looking to have someone only handle personal and business filings the tax power of attorney should be used.

Author: Dr. Joe Dispenza
Publisher: Hay House, Inc
Release Date: 15 February 2013
ISBN: 9781401938093
Pages: 360 pages
Rating:

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