How to Write a Special Power of Attorney Letter

By Jeff Franco J.D./M.A./M.B.A.

Writing a special power of attorney letter allows you to legally assign your authority to make personal and financial decisions to another person or organization, commonly referred to as your agent. In contrast to a general power of attorney that is broad in its assignment of power, a special power of attorney limits your agent’s authority to the specific transactions you include in the document.

Step 1

Draft a list of each special power you want to assign. Since a special power is very precise, you must separately state the transactions, accounts and property over which your agent has authority. For example, a special power can allow your agent to handle the sale of a specific piece of real estate, whereas allowing an agent to handle all of your financial transactions is a general power.

Step 2

Make a notation next to each power you want to be “springing.” A springing power is contingent, meaning your agent cannot act on your behalf until an event or other condition you specify occurs. There is no requirement that your special power of attorney letter needs to include a springing clause, but if it doesn’t, your power of attorney is legally enforceable immediately after you sign it.

Ready to appoint a power of attorney? Get Started Now

Step 3

Note the power of attorney’s expiration date on your list. Unless you indicate a specific date on which the special power of attorney expires, your agent may continue acting on your behalf. However, regardless of whether you include an expiration date or not, you always retain the power to revoke or terminate the power of attorney at any time.

Step 4

Write the name of a successor agent. Including an agent to succeed the original agent you assign authority to is beneficial in the event the original agent dies or is otherwise unable to competently handle your affairs.

Step 5

Draft the final special power of attorney document using your list. Your list contains the essential components that your power of attorney document must include. Draft the document using clear and unambiguous language to outline the details of each special power; include your full name, the full names of your agents and the date you create the document.

Step 6

Sign the power of attorney. For the special power of attorney to be legally enforceable, all states require, at a minimum, that you sign it in the presence of a notary. Once the document features the appropriate signatures, the power of attorney is complete.

Ready to appoint a power of attorney? Get Started Now
Guidelines for Assuming Power of Attorney
 

References

Related articles

Selling Property & Limited Power of Attorney

Generally, a power of attorney document gives authority to another person, known as your agent or attorney-in-fact, to conduct transactions or make decisions on your behalf. This type of document may be helpful if, for example, you cannot attend a real estate closing. You can draft a power of attorney giving a wide range of powers to your agent, or a more limited power of attorney, giving your agent specific powers for only certain transactions. Either type of POA can give your agent power to sell property on your behalf.

How to Obtain Power of Attorney in Indiana

A power of attorney is a powerful legal device that allows a person, known as the principal, to delegate the power to perform legal acts on his behalf to you, the agent. The principal may authorize you to perform any legal act that he is entitled to perform himself, or he may authorize you to perform a specific task, such as paying his bills while he is ill. Indiana state law governs the form, content and effects of a power of attorney executed by a principal who is an Indiana resident.

Can There Be More Than One Power of Attorney?

When you want to give someone authority to make decisions in your place, a power of attorney is one way to proceed. This legal document gives one person, called the agent, the power to act for another person, called the principal. In the document, you describe the scope of authority you are granting your agent. Powers of attorney are intended to benefit the principal making them, so generally you are free to create as many as suit your needs.

Power of Attorney

Related articles

What Is a Revocable Power of Attorney Form?

A revocable power of attorney, or POA, is a legal document that appoints an agent, or attorney-in-fact, to handle ...

How to Set Up Enduring Power of Attorney

If you are worried about what will happen to your assets and affairs should you become incapacitated, setting up an ...

What Should Be in a Power of Attorney?

A power of attorney is a legal document that gives to another person, your agent or attorney-in-fact, authority to make ...

Power of Attorney Letter Examples

A power of attorney letter is also called a power of attorney agreement or simply a power of attorney. These documents ...

Browse by category
Ready to Begin? GET STARTED