How to Become Power of Attorney Over Someone
In life, there may come a time when someone you care about is unable to manage their own affairs due to illness, injury, or other circumstances. In such situations, it is crucial to have a power of attorney in place to ensure that their financial and legal matters are handled appropriately. This article will guide you through the process of becoming a power of attorney over someone, helping you understand the responsibilities and steps involved.
Understanding Power of Attorney
A power of attorney (POA) is a legal document that grants someone (the attorney-in-fact) the authority to act on behalf of another person (the principal) in legal and financial matters. There are two types of POA: durable and non-durable. A durable POA remains in effect even if the principal becomes incapacitated, while a non-durable POA terminates if the principal becomes incapacitated.
Step 1: Determine the Type of Power of Attorney
Before becoming a power of attorney, it is essential to understand the type of POA that is required. Durable POA is typically used for long-term care, while non-durable POA is suitable for short-term situations, such as a vacation or hospital stay.
Step 2: Consult with an Attorney
It is advisable to consult with an attorney to ensure that the POA is properly drafted and meets all legal requirements. An attorney can also help you understand the responsibilities and potential risks associated with becoming a power of attorney.
Step 3: Obtain Consent from the Principal
To become a power of attorney, you must obtain the principal’s consent. This can be done by discussing the matter with them and explaining the responsibilities and implications of the role. The principal must be mentally competent and capable of making informed decisions.
Step 4: Draft the Power of Attorney Document
With the principal’s consent, you can now draft the power of attorney document. This document should include the following information:
– The name and address of the principal
– The name and address of the attorney-in-fact
– The scope of authority granted to the attorney-in-fact
– The duration of the POA (if applicable)
– Any specific instructions or limitations
Step 5: Notarize the Document
In many jurisdictions, the power of attorney document must be notarized to be legally binding. This process involves having a notary public witness the signing of the document and verifying the identities of the principal and attorney-in-fact.
Step 6: File the Power of Attorney Document
Once the document is notarized, it should be filed with the appropriate government office, such as the county clerk or probate court. This ensures that the document is on record and can be accessed when needed.
Step 7: Keep the Document Secure
As a power of attorney, it is your responsibility to keep the document secure and accessible only to authorized individuals. Make sure to store it in a safe place and inform the principal and any relevant parties about its location.
Conclusion
Becoming a power of attorney over someone is a significant responsibility that requires careful consideration and preparation. By following these steps and understanding the legal requirements, you can ensure that the principal’s affairs are managed effectively and with the utmost care.
