06/09/2018
BEFORE YOU CALL A NOTARY PUBLIC SERVICE to Notarize a POWER of ATTORNEY
Be sure you have the correct document to suit your needs. A Notary cannot draw the documents for you. You must have all documents in order and the proper forms of government ID provided for all parties signing at the time of signing.
THE PEOPLE AND THE POWERS OF
A POWER OF ATTORNEY:
☆ THE PRINCIPAL (also the GRANTOR) is the person in need of an agent to act on their behalf in dealing with legal, financial, and/or health care issues that involves signing documents, checks etc.
The GRANTOR grants power to the ATTORNEY IN FACT via the POWER OF ATTORNEY document.
☆ THE ATTORNEY IN FACT (aKa agent or GRANTEE) is the person designated in the POWER OF ATTORNEY to act solely on behalf of the PRINCIPAL, avoiding any conflict of interest. The ATTORNEY IN FACT may then make decisions and sign documents on behalf of the GRANTOR, act as a fiduciary, who can handle the financial affairs for the PRINCIPAL who can be relied upon for their assistance in offering sound advice and exercising good judgment. The ATTORNEY IN FACT may make transactions for purchases and sales as well as execute agreements.
DIFFERENT TYPES OF POWER OF ATTORNEY
It would be prudent to consult an Attorney to draft the correct Power of Attorney form that best suits the situation of the PRINCIPAL. If you choose the wrong boilerplate type document online it may not be accepted.
Banks usually have their own type of POA cards that are acceptable.
☆ A LIVING WILL/ ADVANCED DIRECTIVE is customary to be drawn up by Attorneys that specialize in these types of documents. They are long and complex. These types of POA specifically direct the ATTORNEY IN FACT/ GRANTEE how to proceed if and when the GRANTOR becomes mentally incapacitated or is put on life support.
☆ A GENERAL POWER OF ATTORNEY is a broad type of POA document, and gives the ATTORNEY IN FACT the power to execute, on behalf of the grantor, both legal and financial agreements that are binding.
☆ A DURABLE POWER OF ATTORNEY is essentially a General Power of Attorney but, as the name suggests, is meant to be of a permanent nature because the GRANTOR has agreed in writing that he/she wishes the POA to remain in effect should the GRANTOR become permanently ill or disabled. All 50 states recognize some form of DPOA.
☆ A SPECIFIC POWER OF ATTORNEY ( Special Power of Attorney) will be in force for a limited amount of time, or will delegate power to the GRANTEE or agent for only a specific circumstance.
☆ A MEDICAL POWER OF ATTORNEY grants the ATTORNEY IN FACT the right to make decisions about medical treatment or health care on behalf of the PRINCIPAL or GRANTOR, perhaps during an illness or for a period of time following an accident.
☆ A SPRINGING POWER OF ATTORNEY goes into effect at some date or circumstance in the future, as to disable the grantor, and the POA remains in effect until the grantor’s death.
☆ A Power of Attorney for Care of a Minor Child is a document that temporarily assigns another person the right to make health care or legal decisions on behalf of a child who may be in their care.
I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matters or accept fees for legal advice.