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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!
Specific information and free power of attorney forms to use as sample documents:
1. Legal Requirements for a Power of Attorney Document
2. Choosing your Agent or Attorney-in-Fact
3. Real Estate Power of Attorney- General Information
A general form for managing property on an ongoing basis
A form for a once-off real estate transaction
4. Medical Power of Attorney - General Information
A Power of Attorney for Health Care form
5. Durable Power of Attorney - General Information
Durable Power of Attorney form
For a Child Care Power of Attorney, please refer to the Temporary Guardianship Form.
Special or Limited Power of Attorney forms are available for the buying or selling of a car, motorcycle or boat.
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.
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 free power of attorney form 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. It caters for the circumstance should you become mentally or physically incapable from handling your affairs - if you do not have this 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 general power of attorney in place.
Important Note: A power of attorney always expires upon your death. Thereafter, the person you appoint in your will 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"
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 free power of attorney form 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.
Return from Free Power of Attorney Form to Free Legal Document
The free power of attorney forms are available for various situations and applications. Determine which one will best suit your requirements and adjust it to suit.
