There are numerous numbers of countries and states in the world today. All of these states use documents in handling transactions and other legal matters. This paperwork connects two parties who are associated with dealing with businesses. One of the most required and widely used document is a Power of Attorney Form.
A Power of Attorney is similar to an Authorization and Consent document wherein the principal will choose a trusted person to be his agent or attorney-in-fact. Each state in the world use this type of document, however, their laws regarding the execution and legalities of this matter varies from one another.
Alabama DMV Power of Attorney Form
Only a few states allow a Power of Attorney for Motor Vehicle purposes. An example is the State of Alabama where Vehicle and Car Registrations can be done by a third party, as long as there is a DMV Power of Attorney Form being presented by the registrant.
Alaska Power of Attorney Form
Another state that uses a Power of Attorney is Alaska. This state regulated a law with regards to using a separate document for medical concerns such as the Alaska Advanced Health Care Directive Form, also known as a Medical Power of Attorney in other states. The Alaska Statute also allows the principal to name more than a single attorney-in-fact or agent for the power.
Arizona General Power of Attorney Form
The State of Arizona clearly stated on their statute that their Power of Attorney is not available to be used and valid in other states. They also have a section wherein they allow a revocation for the power even if it is not the end period of the contract which is known as a Revocation of Power of Attorney.
Wyoming Advanced Health Care Directives Form
Why are Power of Attorneys Different in Every State?
Power of Attorneys are legal instruments of authorization. Therefore, it should be held and provided by a principal with adequate knowledge and trust for his chosen agent or attorney-in-fact. Categorizing a Power of Attorney may be done by breaking two main purposes: financial and supervising intentions. These documents vary state to state due to the different legislative rules and regulations accepted on each statute. However, some states allow a principal and an agent to use the previously drafted POA from another state as long as it meets the requirements of the law.
Arkansas Financial Power of Attorney Form
In Arkansas, taxpayers become the most evident users of the form especially during tax payment periods. Together with the POA submission are some documents which may be attached such as the Arkansas Form 2848. The tax type, references, and tax duration is required to be stated on the Arkansas Tax Form.
California Power of Attorney Form
California layouts a rather different Power of Attorney Form as it indicates a list of the properties and areas where the principal may choose to grant authorization for his agent. However, in the event that the principal will state an initial on the “All of the Powers” option, he is recommended to leave the lines of the other powers blank.
Colorado Power of Attorney Form
Similar to the State of Alaska, the Colorado statute does not allow the use of a Power of Attorney for health and medical related purposes. Most states did not specify if the agent will be compensated for the granted power, but in Colorado, a compensation is recommended unless noted by the principal.
Connecticut DMV Special Power of Attorney Form
An acknowledgement from the notary public or a court commissioner is one requirement for validating a Special Power of Attorney in the state of Connecticut, unlike other states wherein there is no need for a legal authority to grant the validation of the power.
Delaware Power of Attorney Form
In Delaware, a Power of Attorney is also used as a document relating to employees and companies. They require a presentation of completed and validated forms such as a Claim Form and Receipts to acknowledge the power.
Wisconsin Power of Attorney Form
Power of Attorney versus Authorization Letters
Though these two documents have similar main intentions, they differ by only a few areas. One is that a Power of Attorney needs to be notarized by a legal authority while an Authorization Letter does not need to have a notarization. Next is that an Authorization Letter is simply a hand-written letter compared to a Power of Attorney which is to be provided by the authority or with the aid of a lawyer. Lastly, a Power of Attorney needs to be specified by using a different form for each purpose, compared to the Authorization Letter which allows the principal to state his intentions and the authorized actions in one document.
Florida Power of Attorney Form
Since the State of California listed down the areas for the principal to choose, the State of Florida, on the other hand, specifies and included details as an in-depth explanation for those areas. The Florida Power of Attorney also requires the name of the person who prepared the document to be stated on the form.
Georgia Durable Power of Attorney Form
Georgia indicates on their statute that they allow the chosen agent to have a “Successor Agent” for emergency purposes, including the death of the originally named agent in their Durable Power of Attorney Form. A revocation from the third party is also not accepted by the court unless it came from the principal’s statements.
Hawaii Financial Tax Power of Attorney Form
When dealing with authorizing an agent for filing taxes in Hawaii, Financial or Tax Power of Attorney will be required. In the Hawaii Statute, the law demands the agent to present a proof or sets of paperwork whenever he does a transaction on the principal’s behalf, such as an N-848 for Tax Applications.
Idaho Durable Power of Attorney for Healthcare Form
Unlike the states of Alaska and Colorado, Idaho allows a Power of Attorney to be used for healthcare matters. A Living Will and a Durable Power of Attorney for Healthcare goes together to provide a treatment for the principal of the power.
Illinois Power of Attorney Form
In Illinois, when a principal will file a Request Form for a Power of Attorney regarding tax transactions, he needs to have a copy of his Tax Returns or his item of correspondence. A public accountant is one of the legal professional to be a witness and give a notarization to validate the document.
Maryland Limited Power of Attorney Form
Can a Power of Attorney be Transferred?
Some states allow a transfer of the power, while some do not. Nonetheless, to legally transfer a Power of Attorney, a Revocation document will be required to be filled out by the agent and the principal. By making a new POA, the previous contract has been canceled and ended, therefore, legalizing the transfer.
Indiana Limited Power of Attorney Form
A validity of ninety days is granted to a Power of Attorney in the State of Indiana. The Motor Vehicle Limited Power of Attorney has two areas required to be filled out by the principal for verification purposes. This POA is under the legislation of 1940 and is mandated by the Indiana Bureau of Motor Vehicles.
Iowa Power of Attorney Form
The State of Iowa does not require a compensation for the chosen agent or attorney-in-fact of the principal. Similarly to other states, the POA is not legal and valid to meet with Medical Forms and purposes.
Kentucky Power of Attorney Form
The Specific Power of Attorney in Kentucky allows a representative to make school related decisions for a child or a minor who is facing a medical condition. Specifically, a Power of Attorney for School Decision Making is to be filled out by a legal guardian of the child and will be presented to the school authorities.
Louisiana Health Care Power of Attorney Form
A pair of witnesses are required by most states to sign the Health Care Power of Attorney, especially in Louisiana. These signatures are important to have since by their absence, the POA will not be honored as a valid document and the involved parties may face issues during the authorization period.
Massachusetts Power of Attorney Form
In Massachusetts and some of the states, the Power of Attorney also serves as a Declaration Form in declaring a representative. However, unlike the other states who requires a Revocation Form for revoking a power, a Form M-2848 is provided by the Massachusetts Department of Revenue for POAs relating to taxes.
Maine Power of Attorney Form
Reasons Why a Principal Needs to Alter and Change a Power of Attorney
- Having trust issues. Trust is the main reason why the principal appointed the attorney-in-fact or the agent for a power. However, in the event that a principal does not guarantee his trust to his agent anymore, he should withdraw his powers and choose another representative.
- Absence and Incapability of the agent. Being an agent will require a person to be always available. In this manner, absenteeism won’t help especially if the principal granted a Financial Power of Attorney to the agent.
- Death of an agent. Though an agent is protected by the law against liabilities, he is not fully protected against accidents and illnesses. In the death of an agent, the principal will have to substitute him with the secondary chosen agent.
Michigan Durable Power of Attorney Form
When a representative or another party is authorized by a patient in Michigan, he will be known as a Patient Advocate. This term specifies that he is only authorized for medical purposes and making health related decisions.
Minnesota Power of Attorney Form
The Statute of Minnesota allows a principal to assign multiple agents in a Limited Power of Attorney Form. The primary agent will be the person who will deal with the transactions of the principal while the secondary agent is obligated to inform the principal with the progress of a transaction by a limited resource such as through emailing and calling the department or company.
Missouri Power of Attorney Form
With a Missouri Power of Attorney, the principal who has acquired a total loss from an insurance company can electronically sign the document, attach an Personal Statement and send it to the authorized department. The electronic signature need not require a notarization from the notary public for validation.
New Hampshire Durable Power of Attorney Form
Disclosure Agreement Statements are important areas for any document which involves an individual’s private data and information. These statements are also found in a Power of Attorney, specifically in the New Hampshire Durable Power of Attorney Form. This is to assure that the agent, authority and other entities will not disclose the information which are prohibited by the principal.
New Jersey Power of Attorney Form
The New Jersey Motor Vehicle Commission has a particular format for those who needs a Power of Attorney. This POA for vehicles can be used to request a corp-code, title of the vehicle, and to register a company vehicle.
Kansas Durable Power of Attorney Form
Steps in Getting a Power of Attorney
Obtaining a power of attorney will be as easy as filling out a Resume if the principal have fully decided what he needs for an agent and what the agent needs to do. Follow the steps to have the right and appropriate POA for any purpose:
Step 1: Choose an agent.
Step 2: Distinguish your POA intention whether for financing or for supervision.
Step 3: Have the right form. An example is having a General Power of Attorney to allow an agent do everything, or maybe a Limited Power of Attorney to deal with health issues.
Step 4: Check the requirements of your country or state.
Step 5: Collect appropriate witnesses.
Step 6: Review your Power of Attorney.
Step 7: Sign and notarize the document.
New Mexico Power of Attorney Form
Real Estate Forms and transactions are common in the State of New Mexico. A POA under a real estate business is a Real Estate Power of Attorney. This document needs to be submitted and recorded at the state’s county clerk where the property is located.
New York Power of Attorney Form
Stated above, the States of Georgia and Massachusetts allow a revocation with the aid of a Revocation Form. However, in New York, a Notice Form for Revocation must be drafted by the principal or the agent to revoke the power. This should also be sent to all the parties involved in the authorization including the departments transacting the businesses for the principal and other entities related to the power.
North Carolina Power of Attorney Form
As the State of Missouri allows an electronic signature, the State of North Carolina allows an agent to transact using their electronic services unless prohibited by the principal. It is also vital to sign the declaration as a Sworn Statement at the bottom of the document to completely have the document validated.
Nevada Power of Attorney Form
Can an Agent Change the Principal’s Will?
A Will is made only by the testator or the principal. In the event of the principal’s death, any sort of Power of Attorney will be invalidated and revoked unless given a statement by the principal before his death. Although regardless of the principal’s statement on the POA, an agent does not have the right to change the last will and testament of the principal. If the agent changes the will, the family of the principal may challenge his claims and attend court preceding.
Nebraska Power of Attorney Form
Due to the legalities of a Power of Attorney, the principal and the agent should consider the rules and regulations in the state wherein they are located. Nonetheless, there should always be trust and honesty when dealing with this document.
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