What is a Power of Attorney (POA) form?
A Power of Attorney (POA) form is a legal document that allows you (the principal) to grant someone the authority to manage your affairs. This person is typically known as your 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.
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Looking for a Power of Attorney in Spanish?
Use our Carta Poder.
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Types of Powers of Attorney
There are different types of Powers of Attorney available to suit your needs. The type you create can determine its key components, such as when it comes into effect, the scope of an attorney-in-fact's authority, and when it ends.
LawDepot’s Power of Attorney template allows you to choose from multiple options. Let’s break it down:
| Type of Power of Attorney |
General Power of Attorney |
Specific (Limited) Power of Attorney |
| Durable (also known as enduring, lasting, or continuing) |
- Grants broad powers to an attorney-in-fact
- Remains valid even if the principal becomes incapacitated
- Ends if the principal revokes it or passes away
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- Grants authority for a specific task or transaction (e.g., selling property)
- Remains valid even if the principal becomes incapacitated
- Ends if the principal revokes it or passes away
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| Ordinary (also known as non-durable) |
- Grants broad powers to act on behalf of the principal
- Ends when the principal becomes incapacitated, revokes it, or passes away
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- Grants authority for a specific task or transaction (e.g., selling property)
- Ends when the principal becomes incapacitated, revokes it, or passes away
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Springing (can be ordinary or durable) |
- Grants broad powers
- Takes effect only after a triggering event (such as a future date or incapacity)
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- Activates upon a triggering event, enabling the attorney-in-fact to perform a defined task
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Powers of Attorney are critical documents in estate planning. If you’re unsure which POA 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?
Yes, if you’re the age of majority in your state and have capacity, you should create a Power of Attorney. The Consumer Financial Protection Bureau states that a POA is a tool to help plan for the future should you become incapacitated or need it for short-term purposes. This also goes beyond financial assistance.
Giving decision-making authority is crucial if you want someone to legally represent your best interests in situations where you’re unable to do so yourself. 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.
How do I create a Power of Attorney form?
You can easily create your POA using LawDepot’s customizable Power of Attorney template. Our user-friendly questionnaire guides you to complete a printable PDF using the following steps:
- Add your location to make your POA valid for your state
- State if you wish to make your POA springing
- Provide your details and name an attorney-in-fact and alternate
- Grant specific or general powers to your attorney-in-fact
- Describe any restrictions for your attorney-in-fact
- Define any compensation for your attorney-in-fact
- Provide a date or event for when you wish your POA to end
- 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 according to your state’s signing requirements.