subject: How To Create A Power Of Attorney [print this page] If you think you want to have a power of attorney then you should know exactly what it is and what is involved. When you are getting a power of attorney it is required that you are in a normal state of mind. You are not supposed to be sick when obtaining a power of attorney. It is hard to prove that you are unhealthy so you may want to have a document proving you are well just in case you have any trouble.
There is so much information regarding a power of attorney. You should learn everything there is to know so that you can benefit from it. You will be able to better understand how you can use it.
You may be wondering if appointing an attorney as your agent in necessary to obtain a power of attorney.
Another name of the agent is the attorney-in-fact. If you wanted to appoint a lawyer as your agent that is completely up to you. Actually, you can have anybody who is over 18 be your attorney-in-fact. As long as it is stated clearly in your legal power of attorney document, it is allowed. This person is the one who will make decisions on your behalf, so make sure it is someone you can trust.
Many people wonder how the process works of creating a power of attorney.
There is a certain power of attorney form that you are required to fill out. You will write down that you are the principal and then list who you want to be your agent to make decisions for you if you are not in the state to do so. Now yo cannot just appoint someone without asking their permission. They will have to accept the duty of being your agent. There needs to be a witness, who is an attorney or notary public, before it is activated. When you are creating a durable power of attorney, you should seek the help of a private lawyer to make sure everything is correct and legal.
If you become mentally incapacitated, you may be wondering if it is probable to create a power of attorney for yourself.
The answer is no. It is not possible for you to create a power of attorney if you are not in the proper state of mind to be making decisions for the document to work. It is wise that you go ahead and create a power of attorney when you are completely healthy and do not foresee anything happening to you in the future. You never know when something will happen. People get in car accidents and have heart attacks all the time without knowing it will happen. So being prepared is best.
Some people may ask if a power of attorney can be revoked.
Yes, of course you are allowed to remove anyone from your power of attorney document at any time. It is your life he or she will be in charge of, it is completely up to you. Your agent may have to make important decisions about your company, property, and so much more, so you want to know that you can trust them all the way. In order to do this, you will need to fill out a revocation form and send it out to everyone who will need to know such as banks, hospitals and the agent you are revoking.
When it comes to the durable power of attorney, you can choose to deal with your own affairs or simply put in a new power of attorney agent.
