![]() Bank or Credit Union – Go to a financial institution as most employees at banks are licensed notaries public.Online Notary – Use the online notary process on the eSign homepage where the principal, agent(s), and any witnesses may appear in front of a camera with government identification.This involves the principal and agent(s) signing in the presence of witnesses and/or a notary public. When it comes time to sign the document, the signing requirements established in the principal’s state of residence must be followed. Authorize another person to be an agentĭepending on the state, there may be additional financial powers offered.Create or change a beneficiary designation.Create or change rights of survivorship.Create, amend, revoke, or terminate an inter vivos trust.In a special section of a durable power of attorney, the form will ask if the agent will have additional authority, such as the ability to: ![]() Benefits from Governmental Programs or Civil or Military Service.Estates, Trusts, and Other Beneficial Interests.Step 2 – Deciding PowersĪ typical statutory durable power of attorney allows a principal to select any of the following powers: In addition to the main agent, the principal should select up to two (2) alternate agents, who only serve as the principal’s main agent should the primary attorney-in-fact be a poor fit for the role, pass away, or be unavailable/unwilling to perform their duties. An agent will have the ultimate authority to act in the principal’s place regarding financial matters. It’s recommended that an agent (attorney-in-fact) be the principal’s spouse, a family member, or a close friend (in that order). ![]() After the form has been signed, the designation begins immediately with the agent able to perform tasks and sign other documents on the principal’s behalf. The agent must agree to the terms and conditions and sign the form in accordance with state requirements. Obtaining durable power of attorney means a principal grants someone else (the agent) the power to make financial decisions on their behalf. “ Signing” refers to the signing requirements in the State of the principal. “ Incapacity” refers to the principal’s inability to make evaluated decisions in a clear manner due to impairment or another type of hindrance, be it physical, mental, or situational.Ī “ Principal” is the person authorizing someone else to act on their behalf. “ Durable” refers to the period of effectiveness of a power of attorney document i.e., the powers contained therein will continue even if the principal can no longer make decisions for themselves. Often filed when a person becomes incapacitated and they don’t have a power of attorney document. “ Conservatorship” (also known as “legal guardianship”) is when a court appoints a conservator to handle someone else’s finances if they cannot do so for themselves. GlossaryĪn “ Agent” (also referred to as an “attorney-in-fact” or “surrogate”) is the person authorized to act on behalf of the principal.Īn “ alternate agent” (“successor agent” or “2nd agent”) is a person authorized to act on behalf of the principal ONLY IF the main agent is not available. “ Durable,” with respect to a power of attorney, means not terminated by the principal’s incapacity. Afterward, the agent may use a copy of the document to legally represent the principal for the financial powers listed in the form. To get durable power of attorney, a principal must obtain the statutory form provided by their state and sign it in accordance with state law. Under such designation, an agent will have the power to handle assets and real estate, and make business decisions on behalf of the principal.
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