How to Have Special Power of Attorney
Special power of attorney is a legal document that grants someone the authority to make decisions on behalf of another person, known as the principal. This document is crucial in situations where the principal is unable to make decisions for themselves due to illness, disability, or other reasons. If you find yourself in a position where you need to have special power of attorney, here are some steps to guide you through the process.
1. Understand the Purpose of Special Power of Attorney
Before proceeding with obtaining special power of attorney, it is essential to understand its purpose. This document allows the attorney-in-fact to handle various aspects of the principal’s life, including financial, legal, and healthcare decisions. It is crucial to ensure that the principal is fully aware of the extent of the powers being granted and consents to the arrangement.
2. Choose the Right Person
Selecting the right person to act as your attorney-in-fact is a critical step. This individual should be someone you trust and who has the necessary knowledge and skills to handle the responsibilities effectively. Consider factors such as their reliability, honesty, and ability to make sound decisions on your behalf.
3. Consult with a Lawyer
It is advisable to consult with a lawyer to draft the special power of attorney document. A lawyer can ensure that the document is legally sound and tailored to your specific needs. They can also provide guidance on any potential risks or challenges you may face during the process.
4. Draft the Special Power of Attorney Document
Work with your lawyer to draft the special power of attorney document. This document should clearly outline the powers being granted to the attorney-in-fact, as well as any limitations or conditions. Be sure to specify the scope of the powers, such as whether they are general or limited to specific areas.
5. Notarize the Document
In many jurisdictions, it is necessary to notarize the special power of attorney document. This ensures that the document is legally binding and that the principal’s signature is authentic. Consult with your lawyer or a notary public to complete this step.
6. Provide Copies to Relevant Parties
Once the special power of attorney document is notarized, provide copies to the attorney-in-fact and any other relevant parties, such as financial institutions, healthcare providers, or legal representatives. This ensures that they are aware of the attorney-in-fact’s authority and can act accordingly.
7. Keep the Original Document Secure
It is crucial to keep the original special power of attorney document in a secure location. This document contains sensitive information and should not be accessible to unauthorized individuals. Consider storing it in a safe deposit box or with a trusted individual.
By following these steps, you can successfully obtain special power of attorney and ensure that your affairs are managed effectively when you are unable to do so yourself. Remember to consult with a lawyer throughout the process to ensure that your rights and interests are protected.