Durable Power of Attorney

Effective Immediately

Instructions & Checklist

Durable Power of Attorney Effective Immediately

[_] This package contains (1) Instructions & Checklist for Durable Power of Attorney Effective Immediately; (2) Information for Durable Power of Attorney Effective Immediately; (3) Durable Power of Attorney Effective Immediately

[_] This Durable Power of Attorney becomes effective immediately and remains effective even if the Principal (i.e. the Grantor) becomes subsequently incapacitated.

[_] The Principal (i.e. the person granting the power of Attorney) should sign the document before a Notary. Notarization will allow the Durable Power of Attorney to be recorded as a public record, if necessary.

[_] Although not always required, it is always a good idea to also have two witnesses sign the Power of Attorney. The witnesses should be adults. The Agent, the Agent’s spouse or children, and the Notary should not be witnesses.

[_] The Principal should keep the original document, as well as a copy. The Agent should have access to the original document as needed.

[_] The Principal should be careful in instructing the Agent (or attorney-in-fact) as to the tasks the Agent should complete. The Grantor should also be very careful in the selection of the Agent. The powers granted by this document are very broad and sweeping, as the Agent has the power to handle business and legal matters on the Principal’s behalf.

[_] At the bottom of the document, indicate the name and address of the person who prepared it.

[_] These forms are not intended and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used without consulting with an attorney first. An Attorney should be consulted before negotiating any document with another party.

[_] The purchase and use of these forms is subject to the Disclaimers and Terms of Use found at findlegalforms.com

Information

Durable Power of Attorney Effective Immediately

A Durable Power of Attorney allows a natural “mentally” competent person (called the “Principal” or “Grantor”) to authorize someone else (called the “Agent” or “Attorney-In-Fact”) to act on his or her behalf, even if the Principal later becomes incapacitated. This particular Form becomes effective immediately and remains in full force and effect even if the Principal (i.e. the Grantor) later becomes incapacitated.

Note that the word "attorney" is not used here to mean "lawyer". The person acting as the Attorney-In-Fact for the Principal does not need to be a lawyer. Almost anyone can be appointed an Attorney-In-Fact by a power of attorney. The Agent should be a competent adult. A Power of Attorney is a “powerful” instrument and should be granted with care. Any action undertaken by the Agent, within the scope of the Power of Attorney document, will be legally binding upon the Grantor. The Grantor can revoke a Durable Power of Attorney at any time.

A Durable Power of Attorney should always be notarized, even if your state does not require it, especially if the Agent will be dealing with any real property. Notarization will make it more difficult for any third party to challenge the validity of the Power of Attorney and will allow the Durable Power of Attorney to be recorded as a public record, if necessary.

Although, some states don’t require that a Durable Power of Attorney be witnessed, it is always a very good idea to do so.

Please note that this information is not intended as and is not a substitute for legal advice. Furthermore, this information is general information that is not state specific. Whenever appropriate, the instructions included with the forms packages offered for sale, generally include state specific instructions.