Free Power of Attorney Form
Guidelines and Free Templates

What are the specific requirements for Your free power of attorney form?

With a power of attorney you (the Principal) grant another person (an Agent or Attorney-in-Fact) the legal authority or permission to make decisions, as if it were yourself making those decisions.

It is up to you to decide how extensive or limited those powers should be!

The Agent has a fiduciary duty to the Principal: To act in a position of trust, with utmost loyalty and to the benefit of the Principal. The Agent is not to act in his own best interests or to profit from this position unless the Principal consents to such a profit.

Before making your selection from our extensive list of free legal templates, do take a minute and review the definitions and legal guidelines that may assist you in compiling your legal document.

• Power of Attorney (POA) - Review the legal requirements for your document
• Agent or Attorney - Choosing the best person for the job, duties, fees etc.
• General Power of Attorney - Template
• Durable or Lasting Power of Attorney - General Information
  
  Free Durable Power of Attorney - Template
  
  Lasting or Enduring POA - Information specific to the United Kingdom
• Medical Power of Attorney - General Information
  
  Medical POA Form - Your free sample document
  
  Living Will Form - Health Directive template
• Financial Power of Attorney - Limited POA to handle Finances and Tax Returns
• Real Estate Power of Attorney - General Information
  
  Power of Attorney Template - To handle Real Estate affairs on an ongoing basis
  
  POA Form - Template for a once-off Real Estate transaction
• Free Temporary Guardianship Form - Child Care Power of Attorney template
• Auto Power of Attorney - Template for vehicle transactions
• Motorcycle POA - Specific POA template for motorcycle transactions
• Boat Sales POA - Template for boat transactions
• Revoke a Power of Attorney - Revocation template

Before using any of the free power of attorney forms, do take the time and have a look at the most commonly used documents and guidelines for their use as discussed below.

Special or Limited Power of Attorney

It is advisable to use this type of form, rather than a general power of attorney as far as possible. In most cases you can issue this form to let your Agent take take of specific duties only e.g.

• You need your Agent to conclude a real estate transaction or handle your finances whilst you are traveling overseas
• You need an adult child to do banking transactions whilst you are recovering from an operation
• You need your accountant to file tax returns on your behalf.

This need not be a durable power of attorney and must state an expiration date after which it automatically becomes null and void.

Your POA must be notarized to be accepted by Government offices, financial institutions and real estate registry offices.

General Power of Attorney

This free power of attorney form grants extensive powers to an Agent and is most often used as part of estate planning. If you made it a durable POA, it can also cater for the circumstance should you become mentally or physically incapable from handling your affairs. If you do not have this (durable)document in place, the state will decide on who will take the responsibility. To avoid possible costly disputes and difficulties for your family, it is advisable to have a durable general power of attorney in place.

Important Note: A power of attorney always expires upon your death. Thereafter, the person you appoint in your last will and testament as executor, in effect becomes your Agent and it may well be one and the same person.

It also ends if you become incapacitated unless it specifically uses the words "Durable Power of Attorney" or "Enduring" or "Continuing" or in the UK "Lasting Power of Attorney.

Normally a power of attorney comes into effect from the date you signed the document. This does not mean that you can not make decisions thereafter - as long as you are legally competent, your Agent must follow your instructions.

The alternative is to compile a "Springing Power of Attorney". This means that the document is dormant and "springs" into effect only when you become incapacitated. In this form you can issue instructions for example that your appointed physician or two licensed practitioners pronounce you incompetent or the laws of the land will determine incompetence. You must grant permission for the practitioners to disclose their findings.

An Agent is not allowed to make a will on your behalf and can not make medical decisions on your behalf unless authorized to do so in a separate medical power of attorney.

Even in the general free power of attorney form, you can add any limitation such as:

• The Agent must consult with a specified person before making decisions
• The Agent may never sell a certain property
• The Agent must never invest in, for example gold shares.

As long as you consider the repercussions, nobody can dictate to you what you have to include or exclude (provided you are not breaking the law in any way)

Health Care Power of Attorney

This document empowers your Agent to make decisions on your behalf as far as your personal- and medical care is concerned, when you become incapacitated. For this purpose it must be a durable medical power of attorney.

A Living Will specifies which treatments you wish to receive or not receive in a medical crisis. The Agent appointed in your health care power of attorney will make decisions according to your wishes in your living will. You can combine your Living Will and medical power of attorney into one document. If you have a separate Living Will, it is important for your Agent to have a copy of it to know your wishes.

People who are not allowed to serve as your health care Agent are: people who are paid by you to provide services such as your doctor, therapist, home attendant, landlord etc. (unless they are also your spouse or life partner or family members).

Revoking a Power of Attorney

We advise against making an irrevocable power of attorney. A durable power of attorney is as effective, but should you change your mind it can be revoked. Have the revocation notarized by a notary public and give copies thereof to your Agent and any third party - bank, deeds office etc. to whom it may concern.

The free power of attorney forms referenced on this page are available for various situations and applications. Determine which one will best suit your requirements and edit it accordingly.

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