How to Activate a Power of Attorney

By Marie Murdock

A power of attorney allows a person to sign legal documents and act on your behalf in transactions that you would ordinarily only be able to handle yourself. Those transactions may be very broad in nature, allowing that person to step into your shoes to handle all your affairs, or they may be very specific, only allowing that person to perform specified transactions that, for various reasons, you may be unavailable to perform yourself.

Step 1

Contact an attorney to draft a power of attorney or prepare your own power of attorney if you are capable and have the knowledge to do so. As the principal, or the person granting the power of attorney to another, you should sign the document in the presence of a notary public who will properly notarize your signature. Although not all circumstances require notarization, a business, particularly one dealing in real estate, may refuse to rely on a power of attorney that is not notarized.

Step 2

Deliver the power of attorney to your attorney-in-fact -- the person authorized to act on your behalf. Even though the power of attorney becomes effective upon proper signing or upon some date or event that may be specified in the document, it cannot be used by your attorney-in-fact until she has the original, or at least a certified or other qualifying copy, in her possession to present to other parties.

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Step 3

Present a copy of your power of attorney, or instruct your attorney in fact to present a copy, anywhere she has the power to sign for you. After proving her authority by presenting a copy of the power of attorney, your attorney-in-fact will normally be required to sign your name as well as her own. The signed document should contain language stating that she is signing on your behalf.

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Power of Attorney Legal Forms for Alabama

References

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The Louisiana Statute on Durable Power of Attorney

You’re probably used to taking care of your own finances, but someday you might need help handling financial matters. Diseases like Alzheimer’s or dementia can interfere with your mental capacity, causing you to rely on someone else to take care of your bank accounts, investments and bills. Or travel may take you out of town during times when you need someone else to transact your business locally. For these types of situations, Louisiana law allows you to give authority over your finances to another person through a power of attorney.

How to Obtain Power of Attorney in MA

A power of attorney is an instrument signed by one person, known as the principal, authorizing another, known as the agent or attorney-in-fact, to sign documents and/or perform actions on her behalf. The authority granted under a power of attorney can be broad or narrowly limited, depending on the intent. If you have been asked to be an attorney-in-fact for someone in Massachusetts, know that the appointment carries great responsibility to act in a trustworthy manor and in the best interest of the principal who appointed you.

Power of Attorney Rules in California

A power of attorney is a legal device that authorizes one person to perform legal acts -- such as signing a consent to medical treatment -- on behalf of another person. The person who grants the authority is known as the principal, and the person who exercises it is known as the agent or attorney-in-fact. California's power of attorney laws are located in sections 4000 through 4545 of the California Probate Code.

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