A power of attorney (also titled as POA) is the right to act on the behalf of another person in legal or financial concerns. In a lot of cases, the power of attorney rights is only necessary for a brief time. In these cases, temporary power of attorney is awarded for a certain period.
How To Get a Temporary Power of Attorney
Download a power of attorney document from the website of your state’s government. Many states have you use their documents, while other states provide them as a benefit.
Designate an agent, outline what you want them to do and get their consent. Decide wisely, since your agent will possess the power to make decisions for you and, dependent on the nature of the powers you award them, bind you to legal responsibilities. Fill in your address and full name and the address and full name of your agent on the downloaded document.
Create a declaration of the authority outlining the powers you want to award your agent. Continue re-drafting it as long as it takes until the wording is correct. If your award of authority is too vast (“manage my money”), you take a chance of giving your agent unintentional authority. If your award is too limited, your agent might lack the authority to achieve what you planned. Many documents have a space where you enter your own wording, nevertheless, other preprinted documents will need you to check boxes.
Insert start and finishing dates for the agent’s authority. In many states, a power of attorney unavoidably takes effect right when you sign it, and rather than a finishing date, your power of attorney might expire upon the happening of an event, such as your mental state or inability to talk due to an illness.
In front of a notary public, you and your agent will sign and date the document and get the notary public to sign and seal the document. Many states require that two witnesses sign the document, so read the instructions thoroughly.
Limited Power of Attorney
A limited power of attorney is a document that enables the named adult, the agent or attorney in fact, with the legal authorization to execute specific actions on behalf of the person that signs the document (called the principal). A limited power of attorney does not offer the agent with full authorization over the principal. It only outlines the decisions the agent might make for the principal. For instance, a business executive might have their client sign a limited power of attorney enabling the business executive to invest their capital without technically speaking with the client to secure their consent. Limited power of attorney can also be called a special power of attorney.
The Timeframe of a Limited Power of Attorney
Typically, a limited power of attorney states a beginning and ending date for the document’s validity. For instance, if you were to travel abroad for 3 months, the beginning date would be the day you are leaving the country and the end date would be the day of your arrival. It can also have specific triggering factors that end the validity of the document. For instance, the limited power of attorney would be invalidated if the principal were to pass away. It can also be invalidated in the case of the agent being the spouse of the principal and they go through the divorce process and the principal gets remarried.
- Carnes, David. “How to Create a Temporary Power of Attorney.” LegalZoom Legal Info, 21 Nov. 2017, info.legalzoom.com/create-temporary-power-attorney-20615.html.
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