LEGALDOCS - Special Power of Attorney
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This is an example of a completed Special Power of Attorney.
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which areas, minimally, should be covered, and will let you see if the subject
matters important to you are covered in the Special Power of Attorney
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Skip this explanation and go directly to Questionnaire
What is a Special Power of Attorney?
A Special Power of Attorney is an instrument authorizing one person to do a specific act or acts on the behalf of another. A Power of Attorney may be appointed to act on your behalf in the event you became ill or disabled, if you need to travel and matters need to be completed at home, or other instances when you are unable to personally complete the task at hand.
The person granting the authorization is called the principal. The person authorized to act on the principal's behalf is called the attorney-in-fact or agent. The term attorney-in-fact should not be confused with an attorney-at-law. One need not be a lawyer to serve as an attorney-in-fact under a Power of Attorney.
With a Special Power of Attorney, your Attorney-in-Fact is authorized to undertake specific acts you can do. For example, legal, business and financial matters, opening checking accounts, withdrawing funds from accounts, signing documents to sell your home, etc.
Certain acts cannot be delegated using a Power of Attorney. For example, a Special Power of Attorney does not have the authority to:
-1. Delegate rights or duties which are personal in nature. For example, a judge could not delegate his or her judicial function.
- 2. Make or revoke wills or living wills.
- 3. Enter into marriage contracts or initiate divorce.
- 4. NOTE: Although technically legal, most title companies will not recognized a general POA to transfer or sell property - use a Special POA instead.
If you want to grant a general power of attorney, which is a power of attorney not limited to the specific acts set forth in a Special Power of Attorney, do not use this form, but use the general power of attorney General Power of Attorney.
To create a Special Power of Attorney, complete the Questionnaire below.
INFORMATION REGARDING THE PARTIES
Please enter the following information about the person who is granting the Power of Attorney and the person who will act as the Attorney-in-Fact.
Enter the name and address of the person who is granting the Power of Attorney (the "Principal").
Enter the name and address of the person who is being given the Power of Attorney (the "Agent").
INFORMATION REGARDING THE SPECIAL POWERS GIVEN TO THE AGENT
Check the appropriate box next to the powers you want to grant your Agent.
MY AGENT HAS THE AUTHORITY TO:
INFORMATION REGARDING NOTARIZATION OF THE SPECIAL POWER OF ATTORNEY
Many banks, other financial institutions, title insurance companies, etc., will not honor the Power of Attorney unless they are certain of the genuineness of your signature. Any Power of Attorney which deals with the transfer of real estate also must be notarized because the Power of Attorney needs to be recorded along with the transfer documents. Therefore, it is recommended that this document be notarized - otherwise your Power of Attorney may not be honored when you need it most; i.e., when you are unavailable. It does not have to be recorded now, only notarized so it can be recorded later if needed.
This completes the information input for your Special Power of Attorney. When you Send this Form, this program will prepare a Summary of the Special Power of Attorney for your review. Make sure that all facts stated in the Summary are correct in all respects.
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