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Financial and Legal - Power of Attorney

The information on this page is for reference and educational purposes. There is no substitute for seeing an attorney. Nothing contained in these publications are to be considered as the rendering of legal advice for specific cases, and readers are responsible for obtaining such advice from an attorney.

Quick Links

A power of attorney is your legal permission for another adult to act on your behalf. The permission can be granted for a specific, limited purpose and period of time or for much broader purposes (such as handling all of your financial affairs) and an unquantified period of time (such as until your death).

There are different types of powers of attorney and each state is different. Listed below are some of the different types you may see:

    • Power of Attorney
    • Durable Power of Attorney
    • Durable Power of Attorney for Health Care
    • Durable Power of Attorney for Financial's
    • Medical Power of Attorney
    • Durable Power of Attorney for Retirement Funds
    • Enduring Power of Attorney (EPA) [United Kingdom]

There are various disadvantages of joint ownership. For instance, the person you list as the joint holder could withdraw all of the monies without your permission or knowledge. In such an event, you probably would not ever be able to recover those monies.

All U.S. states permit a general form for durable power of attorney for finances; however, it may be advantageous to use specific forms in Alaska, California, Colorado, Connecticut, Illinois, Indiana, Minnesota, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, and Tennessee.

Generally speaking, one should not use a single document to create authority for legal/financial and for health care decisions. Two separate documents should be used.

It's critical to have absolute trust in the person to whom a power of attorney is given, because abuses are possible. As a protection, two or more people can be appointed as co-attorney-in-fact, requiring two or more signatures on all transactions. Another way to increase security is for the principal to retain control over the original power of attorney document. Since financial institutions, such as banks and stockbrokers, will honor and recognize only the original power of attorney, retaining the original document reduces the potential for abuse.

Some financial institutions recognize only a power of attorney drawn up on their forms; be sure to ask at your local financial institution whether that is the case.

The power is revoked only if you revoke it, if a court determines you to be incapacitated, or if you die. It is recommend that you keep the original document in your possession and tell the agent where he or she can locate the document if it is needed.

Keep in mind that even though your agent is required to act in your best interest, there is no formal supervision of your agent's actions. It is very important to name someone you trust completely. Giving someone Power of Attorney is giving someone a legal license to steal from you.

The person who is given a power of attorney has only those powers that the principal has specified in the document.

 

Best FTD Resources



What If It's Not Alzheimer's
© 2003 by Lisa Radin and Gary Radin

Chapter 21
Pages 285-287
Durable Power of Attorney

Association of Frontotemporal Dementia (Website)

No information was found in this book about this topic.

Pick's Disease Support Group (Website)

http://www.pdsg.org.uk/general_information/legal_matters/

University of California, San Francisco (Website)
No information was found on this website about this topic.
Family Caregiver Alliance (Website)

No information was found on this website about this topic.

National Institutes of Health (Website)

 

Other Internet Articles



Northwestern University's Legal and Financial Information

http://www.brain.northwestern.edu/patients/legal.html

Internal Revenue Service has a POA for Taxes

Instructions for Form 2848
Form 2848 (pdf form)

This Power of Attorney form only deals with the IRS.

NOAH

Is a website designed for everyone with information about Advance Directives (Living Wills) by State

http://www.noah-health.org/en/rights/endoflife/adforms.html

Preventing Challenges to Your Durable Power of Attorney for Finances

http://estate.findlaw.com/articles/2173.html

Enduring Powers of Attorney in the United Kingdom

http://www.pdsg.org.uk/general_information/legal_matters/

Partners Task Force for Gay & Lesbian Couples provide this web page called "Legal Precautions to Protect Your Relationship"

+11/15/06



Power of Attorney Information By Country, State or Province

Nothing contained in these publication are to be considered as the rendering of legal advice for specific cases and readers are responsible for obtaining such advice from an attorney.

Currently not every state, providence, territory, or country has been completed. If you would like to contribute useful links about Power of Attorney in the State or Country you live in, please go to the bottom of the page and fill out the form.

 

 

 

 

Power of Attorney Information By State

Nothing contained in these publication are to be considered as the rendering of legal advice for specific cases and readers are responsible for obtaining such advice from an attorney. Any form you download should be looked over by your personal attorney to make sure it follows the latest state law.



United States

Alabama

The University of Alabama Law School has a Sample Durable Health Care Power of Attorney form to use

http://www.uaelderlaw.org/advance/7.html

Alabama Department of Revenue provides this form for Power of Attorney (Taxes)

http://www.revenue.alabama.gov/incometax/f2848a_10_05.pdf

 

Alaska

Alaska Department of Revenue offer this Power of Attorney for Taxes

http://www.tax.state.ak.us/programs/appeals/forms/04-775.pdf

Alaska Department of Health and Social Services

http://www.hss.state.ak.us/pdf/advancedirective.pdf

 

Arizona

O'Steen & Harrison, PLC provides free legal forms for Arizona residents looking to execute a Durable Power of Attorney
(Normally do not promote private companies but I liked this website)

http://forms.vanosteen.com/durable-power-of-attorney.asp

Northern Arizona Healthcare offers this website

http://www.nahealth.com/ad_power_attorney.htm

Arizona Department of Economic Security offers this website about Limited Power of Attorney

http://www.de.state.az.us/esa/pdf/apoa.pdf

The Arizona Office of Administrative Hearing offers this website for Supplemental Power of Attorney

Supplemental Power of Attorney Form

 

 

Arkansas

Information for this state has not been reviewed

 

California

 

 

Colorado

 

 

Connecticut

Information for this state has not been reviewed

 

Delaware

Information for this state has not been reviewed

 

Florida

Information for this state has not been reviewed

 

Georgia

Information for this state has not been reviewed

 

Hawaii

Information for this state has not been reviewed

 

Idaho

State of Idaho Office of Attorney General has a web page
for Durable Power of Attorney

http://www2.state.id.us/ag/living_wills/

When you go to this website it discusses living wills too.

Idaho State Tax Commission

Idaho StatPower of Attorney Form for tax purposes

 

Illinois

The Illinois Legal Aid provides this web page called, "Creating a Power of Attorney for Health Care."

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=3685

They also provided another web paged called, "Power of Attorney & Living Wills"

Powers of Attorney & Living Wills

+11/14/06

 

Indiana

Indiana State has a Power of Attorney for Taxes

http://www.in.gov/icpr/webfile/formsdiv/23261.pdf

 

Iowa

Information for this state has not been reviewed

 

Kansas

 

 

Kentucky

Information for this state has not been reviewed

 

Louisiana

Information for this state has not been reviewed

 

Maine

Information for this state has not been reviewed

 

Maryland

Information for this state has not been reviewed

 

Massachusetts

Information for this state has not been reviewed

 

Michigan

Published by the Probate and Estate Planning Section of the State Bar of Michigan

http://courts.co.calhoun.mi.us/book023.htm

Oakland County provides this website about difference between Power of Attorney and guardianship or conservatorship?

http://www.oakgov.com/probate/faq/power-attorney-vs.html

+11/14/06

 

Minnesota

Information for this state has not been reviewed


Mississippi

Information for this state has not been reviewed

 

Missouri

The Missouri Bar provides a document for "Durable Power of Attorney for Health Care and Health Care Directive"

http://www.mobar.org/pamphlet/dpa.htm

 

Montana

Information for this state has not been reviewed

 

Nebraska

Information for this state has not been reviewed

 

Nevada

Advance Care Planning Forms


http://www.unr.edu/ncehp/downloads/AdvCare2005smaller.pdf

 

New Hampshire

Information for this state has not been reviewed

 

New Jersey

Information for this state has not been reviewed

 

New Mexico

Information for this state has not been reviewed

 

New York

Power of Attorney from the Office of New York State Attorney

http://www.oag.state.ny.us/seniors/pwrat.html

 

North Carolina

Information for this state has not been reviewed

 

North Dakota

Information for this state has not been reviewed

 

Ohio

Information for this state has not been reviewed

 

Oklahoma

Information for this state has not been reviewed

 

Oregon

Information for this state has not been reviewed

 

Pennsylvania

Information for this state has not been reviewed

 

Rhode Island

Information for this state has not been reviewed

 

South Carolina

Information for this state has not been reviewed

 

South Dakota

Information for this state has not been reviewed

 

Tennessee

Information for this state has not been reviewed

 

Texas

Texas Medical Association web page about Medical Power of Attorney

http://www.texmed.org/Template.aspx?id=65

Texas Attorney General offers a Advance Planning Information website

http://www.oag.state.tx.us/elder/elder.shtml#legal
http://www.oag.state.tx.us/elder/elder.shtmlTT

Texas Department of State Health Services

Legal Planning

 

Utah

Information for this state has not been reviewed

 

Vermont

Information for this state has not been reviewed

 

Virginia

Information for this state has not been reviewed

 

Washington

Information for this state has not been reviewed

 

West Virginia

Information for this state has not been reviewed

 

Wisconsin

Information for this state has not been reviewed

 

Wyoming

Information for this state has not been reviewed

 

 



Canada

Alberta

The Office of the Public Trustee of Alberta Justic offers this web page about Enduring Powers of Attorney.

http://www.justice.gov.ab.ca/dependent_adults/enduring_powers_of_attorney.aspx

+11/04/06 (Mary M.)

British Columbia

Information for this location has not been reviewed

Manitoba

The Manitoba Agriculture, Food and Rural Initiatives offers this web page on Powers of Attorney.

http://www.gov.mb.ca/agriculture/financial/farm/cat07s01.html

The link below will take you directly to the Manitoba Health Care Directives Form.

http://www.gov.mb.ca/health/documents/Health_Care_Directive.pdf

+11/04/06 (Mary M.)

 

New Brunswick

The Public Legal Education and Information Service of New Brunswick offers this pamphlet to tell you about powers of attorney and in particular about enduring powers of attorney.

http://www.legal-info-legale.nb.ca/showpub.asp?id=35&langid=1

+11/04/06 (Mary M.)

 

Newfoundland & Labrador

Information for this location has not been reviewed

Nova Scotia

Information for this location has not been reviewed

 

Nunavut Territory

Information for this location has not been reviewed

 

Northwest Territory

Information for this location has not been reviewed

 

Ontario

The Office of the Public Guardian and Trustee has produced a Power of Attorney Kit that will help you appoint the person you want to make decisions for you when you are no longer able to do so for yourself.

http://www.attorneygeneral.jus.gov.on.ca/english/family/pgt/poa.asp

They provide a PDF file.

+11/04/06 (Mary M.)

 

Prince Edward Island

Information for this location has not been reviewed

 

Quebec

Information for this location has not been reviewed

 

Saskatchewan

The Saskatchewan Justice Department offers this web page about Enduring Powers of Attorney (EPA).

http://www.saskjustice.gov.sk.ca/PublicTrustee/PoAfaq.shtml

+11/04/06 (Mary M.)

 

Yukon Territory

Information for this location has not been reviewed

 




United Kingdom

England

Information for this location has not been reviewed

Northern Ireland

Information for this location has not been reviewed

Scotland

Information for this location has not been reviewed

 

Wales

Information for this location has not been reviewed

 

 

 



Australia

New South Wales

Information for this location has not been reviewed

Northern Territory

Information for this location has not been reviewed

Queensland

Information for this location has not been reviewed

 

South Australia

Information for this location has not been reviewed

 

Victoria

Information for this location has not been reviewed

Western Australia

Information for this location has not been reviewed

 




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