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How to Get a Power of Attorney Choose your agent(s) You need to decide which trusted family member, friend, or attorney to list as your agent. Choose your power of attorney type. Add specifics to your power of attorney. Fulfill signing and notary requirements. Make sure everyone who needs a copy has one.
When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
A general power of attorney gives someone wide legal authority. However, it ends if the person giving it becomes unable to make decisions. In contrast, a durable power of attorney stays in effect even if the person loses mental capacity. Both types are important for different situations.
(1) A power of attorney must be signed and dated by the principal, and the signature must be either acknowledged before a notary public or other individual authorized by law to take acknowledgments, or attested by two or more competent witnesses who are neither home care providers for the principal nor care providers
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If you execute a general POA, one of the biggest potential disadvantages is that your Agent has the ability to devastate you financially. With a general POA your Agent can withdraw funds from all your financial and investment accounts, sell your property, and even enter contracts in your name.
What does power of attorney durable mean? A durable POA gives someone else legal authority to act on your behalf, and it continues in force even if you lose your mental capacity. Financial POAs give your agent financial powers that may include managing your assets, paying bills, and buying and selling real estate.

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