Setting Up a Power of Attorney

It is possible to download and buy a template for a POA but it is important to ensure you choose the right one. Different states have different requirements so there is no one standard POA. A good idea when setting up a Power of Attorney is to get help from an elder law attorney in Ocean County or your location. There are a few powers that cannot be delegated such as revoking a will, or voting, although with the latter the person acting as the guardian can ask for a ballot for the person they are representing. Here is a look at what the process looks like.

 

Get the POA in writing

While there are a few areas in the country that accept POAs orally, most want them written on paper. It keeps things very clear and helps to ensure it is something that can easily be referred to at any time and avoid some arguments.

 

Select the right format

There are different formats and different requirements across the country. Talk to an elder law attorney in Toms River or where you are to ensure you are meeting those requirements.

 

Make clear what powers are being delegated

A POA can be a very limited and specific thing or it can be very broad. That depends on what the principle requires. Each power being granted needs to be clearly stated in the POA. You cannot just state in the document that you are giving over all powers. Details need to be there including how long the power is being granted for.

 

Make sure the document is notarized

Most states in the US require the POA to be notarized, something your elder law attorney in Ocean County can help you with. Even in locations where the notarization is not required, it is a good idea to go ahead and do it anyway to cover your bases.

 

Send in the POA

In some locations, once the POA is drawn up it has to then be filed with a certain office, or court in order for it to then become legal and valid. Check your state and see what the rules are for where you live. If you are transferring real estate in the POA then it needs to be recorded in the location where the property is. To be on the safe side you can file the document with your county or state to ensure there is a record of it kept somewhere.

 

Conclusion

The easiest way to start the important process of establishing a legal POA is by finding and contacting an elder law attorney in Toms River. It can also be a lawyer that specialize in estate or family law, practicing in your state. It is also possible to get free legal help at certain offices so check the Legal Services Corporation's site online. There are different POAs and with some professional advice, you can better select the right type for your needs, and choose agents you can trust to make decisions for you when you are not able to.