A Power of Attorney is a legal agreement in which the principal (“non-incapacitated” person) gives authority to the agent or attorney-in-fact to act in place of the principal. The agent will have the power to open bank accounts in your name, bring suits in your name, and can sign legal documents for you among other things. As soon as the power of attorney agreement is signed it is “executed”, or legally binding. A power of attorney form is no longer legal upon death of the principal or upon revocation of the agreement.
Creating A Power Of Attorney Agreement can be very inexpensive if done yourself. A power of attorney agreement must be in writing, and the principal executing the power of attorney must have the legal capacity. Most states do require the agreement be notarized or witnessed.
Revocation of a Power Of Attorney must be done by the principal, he/she must not be incapacitated and he/she must put the revocation in writing. Then a copy of the written notice of the revocation should be sent to whomever it interests.
The great thing about a power of attorney form is that its really simple, straightforward and an easy way to convey power to an agent. Executing a power of attorney form could cost you as little as ten dollars while giving someone guardianship requires you to pay court fees. You can also use a power of attorney agreement to protect the rights of the principal.
One disadvantage a power of attorney form may be to you, is that it becomes effective immediately after it is executed.
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