There are times when it may be impossible for us to carry out certain activities and make proper decisions for ourselves due to prior commitments or unforeseen events. When this happens, you would need a surrogate to handle your personal affairs or make life-and-death decisions about your healthcare. This is where the power of attorney letter comes in.
Writing a letter for a power of attorney is pretty simple with the help of the right guidelines. Read on to find out how you can compose a power of attorney letter that is enforceable in the court of law.
Follow the steps below to write a professional power of attorney letter:
A power of attorney can be very precise. Thus, it’s important to indicate the transactions, accounts, and properties that will be handled by your agent. Each power can be as specific or as broad as you want it to be.
A springing power of attorney refers to a conditional power of attorney that will only come into effect if a certain set of conditions are met. This may be used in various situations, particularly when the principal is either disabled or mentally incompetent. Though a springing clause is not a requirement for your power of attorney, it does help clarify what is enforceable from what is not.
Unless you’re smart enough to note a specific date as to when the special power of attorney expires, your agent is permitted to act on your behalf for the time being. However, it’s also important to remember that you do have the authority to revoke or terminate this power at any time.
In case your original agent dies or is otherwise deemed incompetent to manage your affairs, then indicating the name of the succeeding agent will be beneficial for future circumstances.
Outline each power on your list using a clear and coherent language. Make sure that all the items and names indicated are spelled out in proper detail to avoid confusion. It’s also best to proofread the entire document before proceeding to the next step.
For the power of attorney to be enforceable, the legal document must be signed by the principal in the presence of a notary. The document should also feature all the necessary signatures for it to be completed.
A general power of attorney letter grants the agent the same powers indicated in the durable form. The only difference is that it does not remain in effect if the principal becomes, for whatever reason, incapacitated or mentally disabled.
There are several reasons why a principal would choose to revoke the power of attorney. Perhaps you are unhappy with the way your agent has handled previous matters, or maybe you are no longer acquainted with the said individual. The revocation must include your name, a statement proving that you are of sound mind, and your wish to revoke this right. This is necessary to make the revocation legal and enforceable.
A power of attorney is a highly necessary legal document that allows you to select someone else to manage your business affairs, finances, and medical responsibilities based on your best interests and intentions. Whatever is written in the subscription form will take into effect after certain conditions are met accordingly.
As the name suggests, an unlimited power of attorney grants your agent or representative the maximum power to control your affairs and perform any act on your behalf. This pertains to one’s banking and financial transactions, real estate and property obligations, and other business affairs.
A durable power of attorney is typically used when the principal becomes incapacitated and is unable to handle personal affairs on their own. This is often created for the purpose of financial management, giving your agent the authority to deal with real estate assets and other finances on your behalf. In most cases, the principal appoints a trusted relative or close friend to oversee these matters when the event calls for it.
If you get into an accident, fall into a coma, or become mentally incapable to make stern decisions for yourself, you need to have someone who can decide for you during these critical circumstances. Medical decisions can be difficult, and often overwhelming, to make. Thus, be sure to grant this authority to someone whom you can entrust your life with, such as a spouse, parent, sibling, or close friend.
If you have a minor under your care, it’s important to secure a power of attorney for your son or daughter in the event of an emergency. This legal authorization letter will give your agent the full responsibility to care for your child for a temporary period of time.
This is categorized as a limited power of attorney, as it only allows your agent to make healthcare decisions if you are unable to do so on your own. Deciding who your representative is will be a crucial decision to make for your own well-being.
A special case power of attorney letter refers to a written authorization that grants a representative the right to act on behalf of the principal under specified circumstances. When preparing this document, you need to be very clear about the acts you wish to grant the agent. It is possible for you to make more than one special power of attorney to delegate different responsibilities to different individuals.
As another term for a special power of attorney, this type of document limits the acts granted to the agent to protect the principal’s rights. This is often used when the individual is incapable of managing certain affairs due to health-related reasons or other commitments.
If you need a power of attorney letter but don’t know where to start, feel free to use the templates above for quick and easy writing experience.