A comprehensive workflow guides you in creating a legally binding Power of Attorney, ensuring careful deliberation, utmost precision and legal compliance.
1
Identify the need for a power of attorney
2
Select the type of power of attorney required
3
Determine the grantor and agent
4
Specify the powers to be granted to the agent
5
Draft the power of attorney template
6
Review the power of attorney draft
7
Approval: Legal Counsel
8
Adjust the power of attorney draft based on feedback
9
Set terms, limitations and termination date
10
Final review of the power of attorney template
11
Approval: Grantor
12
Sign the power of attorney document
13
Witness the signing of the power of attorney
14
Notarize the power of attorney document
15
Make copies of the power of attorney document
16
Store the original power of attorney safely
17
Distribute copies to relevant parties
18
Update the power of attorney in state records (if required)
19
Plan for regular reviews and renewals of the power of attorney
Identify the need for a power of attorney
This task involves determining the specific need for a power of attorney. Consider why the grantor requires assistance or representation, and whether they want a general or specific power of attorney. Identify the potential benefits and risks of establishing a power of attorney and determine the overall goals and objectives of the grantor. Finally, assess the urgency and importance of the power of attorney in the overall process.
1
General power of attorney
2
Specific power of attorney
Select the type of power of attorney required
Promptly selecting the appropriate type of power of attorney is essential to the process. Determine if the grantor wants a general power of attorney or a specific power of attorney. Consider the level of authority the agent should have and the tasks or responsibilities they will undertake on behalf of the grantor. Analyze the potential limitations and scope of the power of attorney based on the specific circumstances and requirements.
1
General power of attorney
2
Specific power of attorney
Determine the grantor and agent
In this task, it is crucial to identify and confirm the grantor and agent who will be involved in the power of attorney. Verify the legal names and contact details of both parties. Review the relationship between the grantor and agent, ensuring that the agent is competent and trustworthy. Consider any conflicts of interest that may arise and discuss any concerns or potential challenges with the parties involved. Finally, ensure that both the grantor and agent agree to proceed with the power of attorney.
1
Grantor agrees
2
Agent agrees
3
Both agree
Specify the powers to be granted to the agent
This task involves defining and specifying the powers that the agent will be granted in the power of attorney. Consider the specific tasks, actions, and decisions that the agent should be authorized to undertake on behalf of the grantor. Determine if the powers should be broad or limited in scope, and if any exceptions or restrictions are necessary. Evaluate the potential risks and consequences of granting certain powers to the agent and discuss any concerns or requirements with the grantor.
1
Broad
2
Limited
Draft the power of attorney template
This task involves creating the initial draft of the power of attorney template. Include all necessary legal language, provisions, and clauses as required by local laws and regulations. Ensure that the draft accurately reflects the grantor's intentions and goals, as well as the specific powers granted to the agent. Consider consulting a legal professional for guidance, if necessary. Review and proofread the draft for any errors or inconsistencies.
Review the power of attorney draft
This task involves carefully reviewing the initial draft of the power of attorney. Identify any errors, inconsistencies, or areas that require clarification or modification. Consider seeking feedback from the grantor and agent to ensure that their expectations and intentions are accurately reflected in the draft. Collaborate with a legal professional if necessary to address any legal concerns or issues. Revise the draft as needed to create a clear and comprehensive power of attorney document.
Approval: Legal Counsel
Will be submitted for approval:
Review the power of attorney draft
Will be submitted
Adjust the power of attorney draft based on feedback
This task involves incorporating feedback and suggestions received from the grantor, agent, and legal professionals in order to make necessary adjustments to the power of attorney draft. Carefully consider all feedback, addressing any concerns, modifying language, or clarifying provisions as needed. Discuss any disagreements or conflicts with the parties involved and strive to reach a consensus that accurately reflects the intentions and objectives of the grantor.
Set terms, limitations and termination date
This task involves establishing the specific terms and limitations of the power of attorney, as well as determining a termination date if applicable. Consider the duration of the power of attorney and whether it should be limited or ongoing. Evaluate if any additional conditions, requirements, or restrictions should be included. Discuss the termination date with the grantor and agent, ensuring that all parties agree on the duration of the power of attorney.
1
Limited
2
Ongoing
Final review of the power of attorney template
This task involves conducting a final review of the power of attorney template. Check for any remaining errors, inconsistencies, or areas that require further clarification or modification. Ensure that all revisions and adjustments have been accurately incorporated. Verify that the final version of the power of attorney reflects the grantor's intentions, goals, and the specific powers granted to the agent. Collaborate with legal professionals for a final review if necessary.
Approval: Grantor
Will be submitted for approval:
Final review of the power of attorney template
Will be submitted
Sign the power of attorney document
Execute the power of attorney by signing the document. Both the grantor and the agent must sign to make the document legally binding. Ensure that the signing process follows the appropriate procedures and requirements in your jurisdiction.
Witness the signing of the power of attorney
Arrange for witnesses to observe the signing of the power of attorney document. Witnesses provide additional evidence of the grantor's intent and the voluntary nature of the power of attorney. Ensure that the witnesses understand their role and responsibilities in this process.
Notarize the power of attorney document
Obtain the services of a notary public to notarize the power of attorney document. The notary public will authenticate the signatures and affirm the document's validity. Follow the required procedures and provide any necessary identification or documentation as requested by the notary public.
Make copies of the power of attorney document
Create copies of the executed power of attorney document. These copies will be used for various purposes, such as distributing to relevant parties, storing as backups, or submitting to state records if required. Ensure that the copies are clear and legible, preserving the integrity of the document.
Store the original power of attorney safely
Securely store the original executed power of attorney document to prevent loss, damage, or unauthorized access. Choose a reliable and accessible location that is known to the grantor, agent, and any other authorized individuals. Consider options such as a safe deposit box, a secure filing cabinet, or digital storage with appropriate encryption and access controls.
Distribute copies to relevant parties
Provide copies of the executed power of attorney to the individuals or institutions that need to be informed about its existence. These parties may include banks, healthcare providers, attorneys, or any other entity that may interact with the agent on behalf of the grantor. Ensure that the copies are delivered securely and confidentially.
Update the power of attorney in state records (if required)
If necessary, update the power of attorney in the relevant state records or registries. This step ensures that the power of attorney is legally recognized and accessible when needed. Follow the specific procedures and requirements of your jurisdiction for updating such records.
Plan for regular reviews and renewals of the power of attorney
Set a schedule for reviewing and renewing the power of attorney document. Regular reviews and updates ensure that the powers and terms of the power of attorney remain current and aligned with the grantor's intentions. Consider factors such as the grantor's changing circumstances or preferences, and any legal requirements for renewal.