Comprehensive guide for drafting a clear and concise Power of Attorney document, assuring legal compliance and effective implementation.
1
Identify the individual assigning power
2
Determine the type of power granted to the attorney
3
Determine the power duration
4
Specify the areas where attorney can make decisions
5
Get details of assets involved
6
Approval: Asset Details
7
Include a durability clause in case of the principal's incapacity
8
State clearly when the power comes into effect
9
Include a termination clause
10
Draft a power of attorney document
11
Review the drafted POA document
12
Approval: POA Document Review
13
Sign the POA document in presence of a witness
14
Get the witness to sign the document
15
Notarize the document
16
Make copies of the signed and notarized document
17
Present and explain the POA document to the attorney
18
Attorney signs the document
19
Safe keeping of the original document
20
Distribution of the document copies
Identify the individual assigning power
This task involves identifying the individual who is granting power of attorney. You will need to gather their full name, address, and contact information. This information is crucial as it will be used to create the power of attorney document.
Determine the type of power granted to the attorney
In this task, you need to determine the specific type of power that will be granted to the attorney. This could include financial power, healthcare power, or a combination of both. Make sure to discuss the different options with the individual assigning power and choose the appropriate type.
1
Financial Power
2
Healthcare Power
3
Both Financial and Healthcare Power
Determine the power duration
In this task, you need to determine the duration for which the power of attorney will be valid. This could be a specific period of time or an ongoing arrangement. Discuss the options with the individual granting power and choose the appropriate duration.
1
Specific Period of Time
2
Ongoing Arrangement
Specify the areas where attorney can make decisions
In this task, you need to specify the specific areas in which the attorney can make decisions on behalf of the individual granting power. This could include financial decisions, healthcare decisions, or other specific areas of responsibility. Discuss the options with the individual and specify the relevant areas in the form.
1
Financial Decisions
2
Healthcare Decisions
3
Legal Decisions
4
Property Decisions
5
Other
Get details of assets involved
In this task, you need to gather details of the assets involved in the power of attorney arrangement. This could include bank accounts, properties, investments, or any other assets. Discuss the assets with the individual granting power and gather the necessary information in the form.
Approval: Asset Details
Will be submitted for approval:
Get details of assets involved
Will be submitted
Include a durability clause in case of the principal's incapacity
In this task, you need to include a durability clause in the power of attorney document. This clause ensures that the power of attorney remains in effect even if the individual granting power becomes incapacitated.
1
Yes
2
No
State clearly when the power comes into effect
In this task, you need to clearly state when the power of attorney comes into effect. This could be immediately upon signing or at a future specified date. Discuss the options with the individual granting power and specify the relevant date in the form.
Include a termination clause
In this task, you need to include a termination clause in the power of attorney document. This clause specifies the conditions under which the power of attorney can be terminated. Discuss the options with the individual granting power and include the relevant termination conditions in the form.
Draft a power of attorney document
In this task, you need to draft the power of attorney document based on the information gathered in previous tasks. Make sure to use a proper template and include all necessary details according to the individual's preferences and requirements.
Review the drafted POA document
This task involves reviewing the drafted power of attorney document for accuracy and completeness. Make sure to carefully review all sections, including the identified areas of decision-making and termination conditions. If any amendments are required, make the necessary changes before proceeding to the next task.
Approval: POA Document Review
Will be submitted for approval:
Review the drafted POA document
Will be submitted
Sign the POA document in presence of a witness
In this task, you need to sign the power of attorney document in the presence of a witness. Make sure the witness understands the importance of their role and is willing to sign the document.
Get the witness to sign the document
In this task, you need to ensure that the witness signs the power of attorney document. Make sure the witness fully understands the document and its implications before signing.
Notarize the document
In this task, you need to notarize the power of attorney document for legal validity. Schedule an appointment with a qualified notary public and bring the document along with any required identification or supporting documents.
Make copies of the signed and notarized document
In this task, you need to make copies of the signed and notarized power of attorney document. These copies can be used for reference or to provide to the attorney and other relevant parties involved in the power of attorney arrangement.
Present and explain the POA document to the attorney
In this task, you need to present the power of attorney document to the attorney who will be acting on behalf of the individual granting power. Make sure to explain the document, its contents, and any specific instructions or limitations that apply. Answer any questions the attorney may have and obtain their agreement and acceptance of the power of attorney.
Attorney signs the document
In this task, you need to ensure that the attorney signs the power of attorney document to indicate their acceptance and agreement to act on behalf of the individual granting power.
Safe keeping of the original document
In this task, you need to ensure the safekeeping of the original power of attorney document. This could include storing it in a secure location or depositing it with a trusted individual or institution for safekeeping.
Distribution of the document copies
In this task, you need to distribute the copies of the power of attorney document to the relevant parties. This could include the attorney, the individual granting power, and any other parties involved or affected by the power of attorney arrangement.