How to Get Special Power of Attorney
Special power of attorney is a legal document that grants someone the authority to make decisions on behalf of another person, known as the principal. This type of power of attorney is typically used when the principal is unable to make decisions for themselves due to illness, disability, or other reasons. If you are considering obtaining special power of attorney for yourself or someone else, here is a step-by-step guide on how to get started.
1. Understand the Purpose of Special Power of Attorney
Before you begin the process of obtaining special power of attorney, it is essential to understand its purpose. Special power of attorney allows the agent (the person granted the authority) to make decisions regarding the principal’s financial, legal, and healthcare matters. It is crucial to have a clear understanding of the scope of authority you wish to grant to the agent.
2. Choose the Right Person to Serve as Your Agent
Selecting the right person to serve as your agent is a critical step. This person should be someone you trust implicitly and who has the ability to make decisions in your best interest. Consider someone who is financially savvy, responsible, and willing to take on the responsibility of acting as your agent.
3. Consult with an Attorney
It is highly recommended to consult with an attorney before drafting a special power of attorney document. An attorney can help you understand the legal implications of granting power of attorney and ensure that the document is properly drafted to protect your interests. They can also help you tailor the document to meet your specific needs.
4. Draft the Special Power of Attorney Document
Once you have consulted with an attorney, they will assist you in drafting the special power of attorney document. This document should include the following information:
– The name and address of the principal
– The name and address of the agent
– The scope of authority granted to the agent
– The duration of the power of attorney
– Any limitations or conditions on the agent’s authority
5. Notarize the Document
To ensure the validity of the special power of attorney, it must be notarized. This means that the principal and the agent must appear before a notary public and sign the document in their presence. The notary will then witness the signatures and affix their seal to the document.
6. Provide a Copy to the Agent
After the document is notarized, provide a copy to the agent. It is essential that the agent has access to the document when needed to make decisions on behalf of the principal.
7. Keep the Original Document Secure
Keep the original special power of attorney document in a secure location. It may be necessary to provide a copy of the document to financial institutions, healthcare providers, or other entities that require proof of the agent’s authority.
8. Review and Update the Document as Needed
As your situation changes, it may be necessary to review and update the special power of attorney document. For example, if you change your mind about who should serve as your agent or if you wish to modify the scope of authority, consult with an attorney to make the necessary changes.
By following these steps, you can obtain a special power of attorney that will ensure your interests are protected and that your affairs are managed appropriately when you are unable to do so yourself.
