A power of attorney is a document which authorizes a person to perform legal or business acts on behalf of another person. A power of attorney may be either general, which permits a person to perform all financial or legal acts, or special, which limits the power of attorney to certain acts. Creating a special power of attorney is a simple process that requires setting forth what acts the power of attorney is authorized to perform on your behalf.
Set forth your name and the name of the person you are appointing a special power of attorney to. To avoid confusion, also indicate your place of residence as well as the place of residence of the appointee. For example, if your name is Jane Doe and you are appointing a special power of attorney to Jack Smith, you would write “I, Jane Doe of Raleigh, North Carolina, hereby appoint Jack Smith of Durham, North Carolina as my attorney in fact to act in my capacity to do any and all of the following:”
Describe the special power of attorney. Indicate what acts you wish the appointee to perform on your behalf. This may include managing or selling a property on your behalf, file taxes on your behalf or collect debts on your behalf.
Indicate when the special power of attorney begins. If you would like the special power of attorney to begin immediately, state that it begins “upon execution of the document.” Otherwise, indicate a date for the special power of attorney to begin.
Indicate when and how the special power of attorney terminates. Indicate whether you would like the special power of attorney to end on a certain date or upon the occurrence of a certain act. Set forth a manner, such as execution of a written document, for either party to rescind the power of attorney.
Date and sign the special power of attorney form in the presence of a notary. All states require a power of attorney to be notarized. Indicate the state and county where the notary is notarizing the form, then have the notary sign the form.
Send a copy of the special power of attorney form to the person you have appointed. Additionally, you should file a copy of the special power of attorney form where you keep sensitive documents.