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Power of Attorney

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Power of Attorney - Ordinary
Power of Attorney - Durable

An Ordinary Power of Attorney is only valid as long as the principal is capable of acting for him or herself and will end automatically when the principal becomes mentally incapacitated or dies.

A Durable Power of Attorney remains in force even after the principal later becomes mentally incapacitated and ends automatically when the principal dies or is revoked by notifying your Attorney-in-fact in writing.




Your Power of Attorney

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POWER OF ATTORNEY

NOTICE

THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT" or "ATTORNEY-IN-FACT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU.

THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY.

YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY.

YOUR AGENT MUST ACT IN ACCORDANCE WITH YOUR REASONABLE EXPECTATIONS TO THE EXTENT ACTUALLY KNOWN BY YOUR AGENT AND, OTHERWISE, IN YOUR BEST INTEREST, ACT IN GOOD FAITH AND ACT ONLY WITHIN THE SCOPE OF AUTHORITY GRANTED BY YOU IN THE POWER OF ATTORNEY.

THE LAW PERMITS YOU, IF YOU CHOOSE, TO GRANT BROAD AUTHORITY TO AN AGENT UNDER POWER OF ATTORNEY, INCLUDING THE ABILITY TO GIVE AWAY ALL OF YOUR PROPERTY WHILE YOU ARE ALIVE OR TO SUBSTANTIALLY CHANGE HOW YOUR PROPERTY IS DISTRIBUTED AT YOUR DEATH. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD SEEK THE ADVICE OF AN ATTORNEY AT LAW TO MAKE SURE YOU UNDERSTAND IT.

A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY.

THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA.C.S. CH. 56.

IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU.

I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS.


_________________________

____________________

____________________ (Principal)

(Date)


THIS Power of Attorney is given by me, ____________________ (the "Principal"), presently of ____________________, _______________, in the Commonwealth of Pennsylvania, on this ________ day of ________________, ________.

  1. Previous Power of Attorney
  2. I REVOKE any previous power of attorney granted by me.
  3. Attorney-in-fact
  4. I APPOINT __________________, of ____________________, ____________________, Pennsylvania, to act as my Attorney-in-fact.
  5. Governing Law
  6. This document will be governed by the laws of the Commonwealth of Pennsylvania. Further, my Attorney-in-fact is directed to act in accordance with the laws of the Commonwealth of Pennsylvania at any time he or she may be acting on my behalf.
  7. Liability of Attorney-in-fact
  8. My Attorney-in-fact will not be liable to me, my estate, my heirs, successors or assigns for any action taken or not taken under this document, except for willful misconduct or gross negligence.
  9. Effective Date
  10. This Power of Attorney will start immediately and will cease to be in effect upon a finding of my mental incapacity or mental infirmity which may occur after my execution of this Power of Attorney.
  11. Powers of Attorney-in-fact
  12. My Attorney-in-fact has authority to do anything on my behalf that I may lawfully do by an attorney-in-fact (the "General Power").
  13. Specific Powers
  14. Without restricting its generality in any way, the following power(s) are specifically included within the foregoing General Power:

    Initials

    1. X____Real Estate Transactions
    2. To deal with any interest I may have in real property and sign all documents on my behalf concerning my interest, including, but not limited to, real property I may subsequently acquire or receive. These powers include, but are not limited to, the ability to:
      1. Purchase, sell, exchange, accept as gift, place as security on loans, convey with or without covenants, rent, collect rent, sue for and receive rents, eject and remove tenants or other persons, to pay or contest taxes or assessments, control any legal claim in favor of or against me, partition or consent to partitioning, mortgage, charge, lease, surrender, manage or otherwise deal with real estate and any interest therein; and
      2. Execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for any such purpose.
    3. X____Maintain Property and Make Investments
    4. To retain any assets owned by me at the date this Ordinary Power of Attorney becomes effective, and the power to reinvest those assets in similar investments. In addition, my Attorney-in-fact may invest my assets in any new investments, of his or her choosing, regardless of whether or not they are authorized by any applicable legislation.
    5. X____Banking Transactions
    6. To do any act that I can do through an Attorney-in-fact with a bank or other financial institution. This power includes, but is not limited to, the power to:
      1. Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions;
      2. Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity;
      3. Borrow money from any banking or financial institution if deemed necessary by my Attorney-in-fact, and to manage all aspects of the loan process, including the placement of security and the negotiation of terms;
      4. Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities;
      5. Have access to any safe deposit box that I might own, including its contents; and
      6. Create and deliver any financial statements necessary to or from any bank or financial institution.
    7. X____Business Operating Transactions
    8. To take any action my Attorney-in-fact deems necessary with any business that I may own or have an interest in by doing any act which can be done through an Attorney-in-fact. This power includes, but is not limited to, the power to execute, seal and deliver any instrument; participate in any legal business of any kind; execute partnership agreements and amendments; to incorporate, reorganize, consolidate, merge, sell, or dissolve any business; to elect or employ officers, directors and agents; and to exercise voting rights with respect to any stock I may own, either in person or by proxy.
    9. X____Insurance Transactions
    10. To do any act that I can do through an Attorney-in-fact with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate policies, manage all cash payouts, borrow from insurers and third parties using insurance policies as collateral, and to change the beneficiaries on any insurance policies on my life. Unless my Attorney-in-fact was already a beneficiary of any policy before the signing of this document, my Attorney-in-fact cannot name himself or herself as a beneficiary of such policy.
    11. X____Claims and Litigation Matters
    12. To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against me. This power includes, but is not limited to, the power to: appear on my behalf, and the power to settle any claim against me in whichever forum or manner my Attorney-in-fact deems prudent, and to receive or pay any resulting settlement.
    13. X____Tax Matters
    14. To act for me in all matters that affect my local, state and federal taxes and to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to:
      1. Prepare, sign and file income and other tax returns with federal, state, local and other governmental bodies, and to receive any refund checks; and
      2. Obtain information or documents from any government or its agencies, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government or agency.
    15. X____Government Benefits
    16. To act on my behalf in all matters that affect my right to allowances, compensation and reimbursements properly payable to me by the Government of the United States or any agency or department thereof. This power includes, but is not limited to, the power to prepare, file, claim, defend or settle any claim on my behalf and to receive and manage, as my Attorney-in-fact sees fit, any proceeds of any claim.
    17. X____Retirement Benefit Transactions
    18. To act for me and represent my interests in all matters affecting any retirement savings or pension plans I may have. This power includes, but is not limited to, the power to continue contributions, change contribution amounts, change investment strategies and options, move assets to other plans, receive and manage payouts, and add or change existing beneficiaries. My Attorney-in-fact cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document.
    19. X____Family Care
    20. To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement of me, my spouse and dependent children, and other persons that I have chosen or which I am legally required to support, any of which may include my Attorney-in-fact. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs.
    21. X____Chattel and Goods Transactions
    22. To purchase, sell or otherwise deal with any type of personal property I may currently or in the future have an interest in. This includes, but is not limited to, the power to purchase, sell, exchange, accept as gift, place as security on loans, rent, lease, to pay or contest taxes or assessments, mortgage or pledge.
    23. X____Estate Transactions
    24. To do any act that I can do through an Attorney-in-fact with regard to all matters that affect any trust, probate estate, conservatorship, or other fund from which I may receive payment as a beneficiary. This power includes the power to disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, my Attorney-in-fact cannot disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Attorney-in-fact or my Attorney-in-fact's estate.
    25. X____Living Trust Transactions
    26. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. This property can include real property, stocks, bonds, accounts, insurance policies or other property.
    27. X____Gift Transactions
    28. To make limited gifts to my spouse, children, and spouse of my children as permitted by law.
    29. X____Employ Required Professionals
    30. To appoint and employ any agents, servants, companions, or other persons, including nurses and other health care professionals for my care and the care of my spouse and dependent children, and accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate, at such compensation and for such length of time as my Attorney-in-fact considers advisable.
    31. X____Manage Real Estate
    32. To manage the property owned by me, or in which I have an interest, located at _____________________________________________________, and municipally known as _____________________________________________________. This power includes, but is not limited to, the power to receive rents, make repairs, pay expenses including the insuring of the property and generally to deal with my property as effectually as I myself could do; to take all lawful proceedings by way of action or otherwise, for recovery of rent in arrears, or for eviction of tenants; and to commence, carry on and defend all actions, suits and other proceedings touching my property or any part of it.
    33. X_____ Manage Specific Financial Account
    34. To control my accounts with ____________________ Bank, located at _________________________________________, Account Number(s)__________________________________________. This power includes the authority to conduct any business with respect to any of my listed accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any cheques or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity, and to perform any act necessary to deposit, negotiate, sell or transfer any note, security or draft.
  15. Attorney-in-fact Compensation
  16. My Attorney-in-fact will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes.
  17. Co-owning of Assets and Mixing of Funds
  18. My Attorney-in-fact may not mix any funds owned by him or her in with my funds and all assets should remain separately owned if at all possible.
  19. Personal Gain from Managing My Affairs
  20. My Attorney-in-fact is not allowed to personally gain from any transaction he or she may complete on my behalf.
  21. Delegation of Authority
  22. My Attorney-in-fact may not delegate any authority granted under this document.
  23. Attorney-in-fact Restrictions
  24. This Power of Attorney is not subject to any conditions or restrictions other than those noted above.
  25. Notice to Third Parties
  26. Any third party who receives a valid copy of this Power of Attorney can rely on and act under it. A third party who relies on the reasonable representations of my Attorney-in-fact as to a matter relating to a power granted by this Power of Attorney will not incur any liability to the Principal or to the Principal's heirs, assigns, or estate as a result of permitting the Attorney-in-fact to exercise the authority granted by this Power of Attorney up to the point of revocation of this Power of Attorney. Revocation of this Power of Attorney will not be effective as to a third party until the third party receives notice and has actual knowledge of the revocation.
  27. Severability
  28. If any part of any provision of this document is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions of this document.
  29. Acknowledgment
  30. I, ____________________, being the Principal named in this Power of Attorney hereby acknowledge:
    1. I have read and understand the nature and effect of this Power of Attorney;
    2. I am of legal age in the Commonwealth of Pennsylvania to grant a Power of Attorney; and
    3. I am voluntarily giving this Power of Attorney.

IN WITNESS WHEREOF I hereunto set my hand and seal at the City of ____________________ in the Commonwealth of Pennsylvania, this ________ day of ________________, ________.


SIGNED, SEALED, AND DELIVERED

     

in the presence of:

     
       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

   

__________________________________

___________________________________

   

____________________ (Principal)

       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

     

___________________________________

   

NOTARY ACKNOWLEDGMENT


COMMONWEALTH OF PENNSYLVANIA

COUNTY OF ____________________

On this ________ day of ________________, ________, before me, _________________________, the undersigned officer, personally appeared ____________________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained.

In witness whereof I hereunto set my hand and official seal.


________________________________
Notary Public

My commission expires: _____________

Acknowledgement of Attorney-in-fact

I, __________________, have read the attached power of attorney and am the person identified as the attorney-in-fact (the "agent") for the principal. I hereby acknowledge that when I act as agent:

  • I shall act in accordance with the principal's reasonable expectations to the extent actually known by me and, otherwise, in the principal's best interest, act in good faith and act only within the scope of authority granted to me by the principal in the power of attorney.


Name of Attorney-in-fact: __________________

Signature of Attorney-in-fact: _________________________

Dated: ______________________

Last updated July 31, 2025

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What is a Power of Attorney (POA)?

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A Power of Attorney (POA) is a legal document granting someone the authority to manage your affairs. This person is typically known as an attorney-in-fact or agent

Depending on your preferences, your attorney-in-fact can have general powers or only specific ones. These powers can involve making decisions regarding your finances, business, real estate, and more. 

It’s important to note that a POA doesn’t include medical decisions. If you want to give someone authority to make medical decisions, use LawDepot’s Medical Power of Attorney.

Giving decision-making authority is crucial if you want someone to legally represent and advocate for your interests in situations where you cannot do so yourself, such as when you are abroad or incapacitated.

Types of Powers of Attorney

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There are different types of Powers of Attorney available. Depending on the kind you make, it can determine when it comes into effect and when it will end. LawDepot’s Power of Attorney template allows you to choose from multiple options. Let’s break it down:

General vs. specific

A General Power of Attorney grants your attorney-in-fact broad authority in various matters, such as your finances and property.

A Specific Power of Attorney gives your attorney-in-fact the authority to make only certain decisions for a defined and limited purpose. For example, seniors may want assistance from their adult children to manage their finances but nothing else.

Ordinary Power of Attorney

An Ordinary Power of Attorney is valid as long as you can act for yourself. With this type of POA, you can grant general or special powers.

An Ordinary POA ends when you become incapacitated, pass away, or revoke it. As long as you have mental capacity, you can revoke it at any time. Alternatively, you can set a date for your attorney’s powers to expire. 

For example, say you’re working abroad for a few months and have a rental property leased to a tenant. You can name an attorney-in-fact to pay property bills, collect the rent, and manage the property until you return home.

Durable Power of Attorney

A Durable Power of Attorney remains valid when you become incapacitated. It ends if you revoke it in writing or pass away. Creating one is a critical document in estate planning

People typically make this kind of POA to ensure that someone has the authority to manage their day-to-day affairs if they become incapacitated due to an illness or injury (e.g., dementia, Alzheimer's, coma, etc.).

Springing Power of Attorney

A Springing Power of Attorney is ordinary or durable but specifically outlines when it will become effective. In other words, it “springs” into effect on a specific date or upon an event.

If you’re creating an Ordinary POA, you can make it springing by selecting the date it will take effect. When creating a Durable POA, you can have it come into effect on a specific date or when you become incapacitated.

Springing Powers of Attorney can grant general or specific powers.

If you’re unsure which Power of Attorney is right for you, talk to a lawyer to help determine which will be best for your situation.

Should I make a Power of Attorney?

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Yes, if you’re the age of majority in your state and have capacity, you should create a Power of Attorney. 

If you’re incapacitated or need help handling your affairs due to unforeseen circumstances, a POA ensures someone can advocate for your best interests. 

Reasons to make a POA include, but are not limited to:

  • You’re entering old age and need help with day-to-day tasks
  • You travel out of state or out of the country often
  • You work in a hazardous work environment
  • You’re diagnosed with a severe illness or disability (e.g., dementia, cancer, etc.)

If you don't have a POA, your loved ones must go through a court process to receive decision-making authority. This process takes time, costs money, and creates stress for your family.

Can my family override my POA?

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Your family cannot override your decisions if you’re competent when creating your Power of Attorney. However, there are some circumstances where your family can petition the court to terminate your POA. 

For example, say they believe your attorney-in-fact is abusing their position and not working in your best interest. Your loved ones can petition the court to take their authority away and name a guardian.

How do I write a Power of Attorney?

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You can easily write your Power of Attorney using LawDepot’s customizable template. Our user-friendly questionnaire guides you to complete the following steps for your POA:

  1. Add your location to make your POA valid for your state
  2. State if you wish to make your POA springing 
  3. Provide your details and name an attorney-in-fact and alternate
  4. Grant specific or general powers to your attorney-in-fact
  5. Describe any restrictions for your attorney-in-fact
  6. Define any compensation for your attorney-in-fact
  7. Provide a date or event for when you wish your POA to end
  8. Add the signing details for your POA

Our questionnaire only prompts you to include what is needed for a valid POA in your jurisdiction. To activate your Power of Attorney, you just have to sign it.

Who can be an attorney-in-fact?

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Who you choose to be your attorney-in-fact or agent will depend on who you trust to make crucial decisions on your behalf. Authority can be given to your spouse, a family member, a trusted friend, or a professional like a lawyer or accountant. 

Each state has specific regulations on who can be your attorney-in-fact. Generally, they must be at least 18 years of age and have capacity.

Your attorney-in-fact must be willing to take on the role's responsibilities. Discussing these obligations with them is key before naming them in your POA. 

Additionally, it’s important to name an alternate (i.e., successor) attorney-in-fact just in case your first choice cannot fulfill their duties.

Check your state’s legislation for more restrictions on who you can name your attorney-in-fact.

What authority can I grant my attorney-in-fact?

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With a Power of Attorney, you can grant your attorney-in-fact general powers or specific powers. You can grant them the ability to act in any of the following areas of your life:

Financial powers

Finances can come with various responsibilities, and having an attorney-in-fact assist you can help in many situations. The Consumer Financial Protection Bureau states that a POA is a tool to help with advanced planning should you become incapacitated or even for short-term purposes to assist in your day-to-day finances if you’re away.

Creating a Power of Attorney for finances can give your attorney the powers to help with:

  • Paying bills and covering debts (e.g., accessing your bank account or pension plan to pay your mortgage)
  • Completing personal tax filings
  • Managing business finances
  • Donating to charities

Business powers

In addition to your personal finances, your attorney-in-fact can overlook the best interests of your business. This can include making employment, budgetary, and investment decisions that align with your wishes.  

An attorney-in-facts can also file corporate taxes, serve as a proxy in meetings, and vote as a shareholder in your absence.

Your attorney-in-fact can hire a lawyer to help manage legal concerns like claims and litigation matters. This ability means they can commence lawsuits, communicate with your lawyer, file documents with the court, and more.

If an attorney-in-fact isn’t a licensed lawyer, they cannot perform any tasks that require a practicing lawyer to complete.

Real estate powers

Next, your attorney-in-fact can handle any real estate matters you may have while you’re away for extended periods or incapacitated. This includes:

Additional powers

You can grant several other kinds of authority to your attorney-in-fact. This can include insurance transactions and selling, purchasing, or exchanging goods. You may also want to include family matters such as:

  • Managing assets in a Living Trust
  • Paying for your children’s tuition or medical expenses
  • Gifting money or items to family and friends

What an attorney-in-fact cannot do

An attorney-in-fact must act in your best interest and not their own. This is why they can only have authority in areas you grant them in your Power of Attorney. 

There are certain actions that an attorney cannot be granted:

  • Altering your Will or changing your beneficiaries
  • Filing for divorce or separation on your behalf
  • Consenting to marriage on your behalf
  • Naming a replacement attorney-in-fact
  • Revoking your POA

If you wish to restrict your attorney-in-fact from specific authorities, it must be in your POA.

A POA doesn’t grant your attorney-in-fact the ability to make medical decisions for you should you become incapacitated. To name an agent and outline your medical wishes, use Law Depot’s Medical Power of Attorney.

State laws for Powers of Attorney

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Each state has rules for who can create a Power of Attorney, if it needs to be filed with a court or government office, and signing requirements. You can find your state's legislation below:

State Laws for POAs
Alabama Kentucky North Dakota
Alaska Louisiana Ohio
Arizona Maine Oklahoma
Arkansas Maryland Oregon
California Massachusetts Pennsylvania
Colorado Michigan Rhode Island
Connecticut Minnesota South Carolina
Delaware Mississippi South Dakota
District of Columbia Missouri Tennessee
Florida Montana Texas
Georgia Nebraska Utah
Hawaii Nevada Vermont
Idaho New Hampshire Virginia
Illinois New Jersey Washington
Indiana New Mexico West Virginia
Iowa New York Wisconsin
Kansas North Carolina Wyoming

LawDepot’s template also includes the ability to make a POA for Guam, Puerto Rico, and U.S. Virgin Islands.

Do I need a notary for a Power of Attorney?

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You may need to notarize your Power of Attorney. Requirements for notarization vary by state. Some states require only two witnesses or a notary, while others require both. 

When you create your POA with LawDepot, your document will include a section at the end determining witness and notary requirements for your state.

LawDepot offers Online Notary services to complete your notarization from home. Our services are available for POAs in all states except New Hampshire, New York, or POAs granting banking and investment powers in Florida.

Can I revoke a Power of Attorney?

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Yes, you can revoke your Power of Attorney while you still have the capacity to do so. If you wish to update your document, you can create a new POA that states you revoke any previous ones. Alternatively, you can use a Revocation of Power of Attorney to void your current POA.

When you change or revoke a POA, you should inform any institutions that have the original on file and your attorneys. Then, make sure they have a copy of your new POA when applicable. 

LawDepot’s Power of Attorney automatically includes a statement to revoke any previous versions of your document.

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