Table of Contents
- What is Power of Attorney?
- Types of Power of Attorney
- Writing a Power of Attorney Letter
- Instructions for Writing a Power of Attorney Letter
- Tips for Writing a Power of Attorney Letter
- Sample Power of Attorney Letter
A power of attorney (POA) is a legal document that gives another person the right to act on your behalf in certain situations. The individual to whom you grant the power is known as an “agent” or “attorney-in-fact.” A POA is typically used to handle a person’s financial and legal affairs while they are unable to do so themselves.
There are two main types of POA:
- Durable Power of Attorney: This type of POA is effective immediately and remains in effect if the principal becomes incapacitated or disabled. It remains in effect until it is revoked or the principal dies.
- Springing Power of Attorney: This type of POA only goes into effect when certain conditions are met. For example, the principal may specify that the power of attorney only goes into effect if they become incapacitated or disabled.
Writing a power of attorney letter is a straightforward process. The letter must include the following information:
- The name of the person granting the power of attorney (the “principal”)
- The name of the person receiving the power of attorney (the “agent”)
- The scope of the power being granted (e.g., the specific tasks the agent may perform)
- Whether the power of attorney is durable or springing
- The signature of the principal and the date the letter was written
Writing a power of attorney letter is a straightforward process. Here are some tips to help you get started:
- Begin by clearly stating the name of the principal granting the power of attorney (this should match the name on the POA document, if applicable).
- Identify the agent by name. The agent should be someone you trust to act on your behalf.
- Provide a clear description of the scope of the power being granted. This should include a list of specific tasks the agent may perform. You may also wish to include a list of tasks the agent may not perform.
- Clearly state whether the power of attorney is durable or springing.
- Include your signature and the date the letter was written.
- Be sure that the agent understands the scope of their responsibilities and is willing to accept the responsibility.
- Make sure the language of the POA document is clear and unambiguous. This will help to avoid confusion and potential disputes later.
- Be sure to have the POA document notarized to make it legally binding.
- Consider having the document reviewed by a lawyer to ensure that it is legally binding.
- Keep a copy of the POA document for your records.
The following is a sample power of attorney letter:
This document serves as a power of attorney granting [Name of Principal] (