Power of attorney is a legal term which is significantly used in the sphere of the rights of the estate be it the household property, land or any other kind of property. In simple words power of attorney is a legal document by which a person can transfer his/her rights in the certain property to the other person.
Once the rights are transferred then the other person gets the legal power in the context of transferring that property to any other person just like in the contract of sales.
It is a very powerful legal document as it transfers all the financial and the other kinds of rights to the other person and that other person then can act just like the real owner as the other person holds the same rights.
Power of attorney is used also in the context of the legal hearing when the one person can appear in a hearing on the behalf of the other person, who has transferred such rights to the person by the way of the POA.
Forms By States
Well, in this section of the article we are attaching the POA forms states wise. What you have to do is just simple to choose the state, where you are living in and then click on that state. Consequently, you will be having access over the POA form of your own states.
Here below are the names of the states which you can choose in the context of the POA forms.
- Illinois. Missouri
- South Dakota
- New Jersey
- New York
- West Virginia Utah
- New Hampshire
So, these are the major states of the Country and you can get the POA forms for all these states in this article.
Forms of Power of Attorney
Here in this article, we are going to discuss this POA document in accordance with the various states of the United States. We would also provide you the POA forms for all the state of the United States so that you can easily download the forms and they can prepare your own attorney as per the state you are living in.
So, if you are a citizen of the United States and are looking for the forms of POA, then you should be going ahead with this article.
Here below are the major types of the POA forms which you should make yourself aware with.
- Durable POA- This is the most relaxed POA in the context of conferring the power to the agent. In this attorney, agent enjoys the unrestricted financial estate handling power.
- General POA-It also works just like the durable POA but it becomes ineffective if the principal in the attorney becomes disabled or incapacitated.
- IRS POA- Well this kind of attorney is used in the business places such as when a business entity wants to choose the other party to appear before the court of law in the taxation related affairs.
- Limited POA- As the name suggests in this attorney principal transfers very limited rights to the agent. It may be a one-time rights access or rights for a very limited transaction or the period of time.
- Medical Health Care POA- it is opted by the people when any person has no blood relationships and needs medical attention. In such a case, a person may choose the third party person to transfer the medically related rights by this POA.
- Minor Child Power of Attorney- This is a very popular attorney which is used by the parents for their kids. In this attorney, the parents may transfer certain rights, such as the childcare right with the financial powers to the other person until the minor child becomes major.
- Real Estate POA- In this kind of attorney a principal owner of the estate may transfer the selling or the other rights regarding the estate to the other person or the agent.
- Revocation of POA- This document is used to nullify the POA agreement from the immediate effect with the agent.
- State Tax Filling POA- This attorney may be used either by an individual or the business entity to elect or appoint the other person to pay the state taxes on the behalf of the principal entity or individual.
- Vehicle POA- Well, if you want your vehicle to be sold or disposed of by some other person then you can grant such power to the other person using this attorney.
About Power of Attorney Rules
Well as we know that the POA transfers the certain rights to the agent of the principal as having been mentioned in the document, and from there on the power is exercised by the agent as has been mentioned in the POA document.
In the year 2012, there have been made certain changes in the power of the POA and which are considerable changes. The changes have been made so as to stop the financial abuse of the POA and the rights as are conferred into it.
It has been analyzed that the POA document has been taken undue advantage by the agent, which has emerged as the scenario of the financial elder abuse of POA. There has been designed a separate form, which prevents the agent from misusing the POA in some other purpose than the genuine person as has been intended by the principal of POA.
The separate form which has been introduced as the change in the law, it contains the list of the actions which can’t be taken or executed by the agent in the POA. This change in the law for POA has been more relevant for the principal, who are disabled and have transferred the major financial rights of the property to their agents.
It is further informed that as per the further changes in the POA law now the agent may also hold rights over the digital property of the principal if it has been transferred in the document.
We strongly urge you to meet the attorney and have a review about the POA document and seek the relevant changes if are required in this legal document.
Here below we are listing down the major changes in the rules of POA.
- Agents can’t make any changes in the trust as has been already set up by the principal or create the other for the funds transferring purposes.
- An agent doesn’t have any right to give away the estate of the principal using any means.
- An agent can’t make any changes in the name of a nominee or the beneficiary in the will of the principal for the estate.
- The agent can’t interrupt in altering the rights of the survivorship.
- The agent can’t any sign any such document which states or agrees to waive the rights of the principal from receiving certain benefits.
Use of Power of Attorney
Well as we have already discussed above that the major use of the POA is to transfer the certain or all the rights of an estate to the agent for the time being and thereafter the agent acts on the behalf of the principal, for all the legal rights in the context of that estate.
POA is generally used by the people such as who are disabled or incapacitated in order to take care of their estate and take all the legal actions. The agent is appointed in the POA with a view to be taken care of the estate and execute certain actions as have been intended by the principal.
This document is also used by the people who are going to be far from the particular region for the time being and thus they may appoint agent by the POA so that the estate can be taken care by the appointed agent.
Moreover, you can also use this legal document to transfer the rights to make the other person appear in the proceedings of the court on your behalf.
Difference Between the POA and the Durable POA
A general POA is used when a person wants to transfer certain rights to the other person regarding the property. These rights come to an end as soon as the principal person dies or become incapacitated/Disabled.
It is not the case in the Durable POA as this kind of attorney still remains into the effects even after the death or the disability of the principal.
How To Sign as Power of Attorney
The very first thing in this regard which needs to be in consideration is to get the POA completed by following the above-mentioned procedure.
- The POA Must be signed both by the principal and then the agent.
- There must be at least two witnesses on the spot which must be the non-family members of the principal and the agent.
- Now the POA will be effective from the immediate effect.
Well, now this section is going to be for the agent who has been appointed by the principal to take care of the affairs of the principal.
Once the POA is completed then the agent takes a powder for the concerned affairs from the immediate effect, and now the agent will be signing all the document for such affairs. If you are an agent then this is how you will be required to sign over the several documents as an agent.
- First of all, it’s advisable for you to keep the POA document with you as proof that you are the genuine authorized agent in the POA.
- While signing any document on the behalf of the principal you will be required to first sign on the behalf of the principal and then make your own sign so that there remains no confusion.
- At the end of the document, there should be other signs of yours stating that you are merely acting on the behalf of the principal as the authorized agent.
Where Can I Get a POA Form
Well, if you are looking forward to using the POA and for that purpose, you are looking for the valid form, then we would urge you to visit the office of the attorney.
As we have already discussed that there are the certain types of the POA thus you first of all need to understand which type of POA you are exactly seeking for, and once you are clear with your choice then you need to proceed further.
You can find the office of the attorney in the various regions of the state probably around the court since that is the place where the legal matters are sorted.
You can also get the POA forms on the online mode of the internet as there are several templates available of it. We are attaching this template here as well so that you don’t have to make many efforts in order to search for it.
This POA document will be effective after it is completed and the duly signed by the parties and the authorities as well. And also we shared all forms related to a power of attorney so you can visit and download it.