 | Durable Power of Attorney Forms | PDF Templates |
Durable power of attorney is a legal document that shall grant authority to another person, pertaining to financial accounts, personal property as well as real property, to an Agent to act upon in the event of any level of incapacitation. The agent selected will be able to act on behalf of the Principal to the level of authorization provided within the document such as execution of monetary and any other decisions authorized and must be carried out by the Agent only in the best interests of the Principal. The Principal will have the ability to include specific stipulations and/or limitations. The parties will be required to provide signatures to the document. It is highly recommended to complete the document in witness of a licensed notary public.
General Power of Attorney – If the principal would rather not have their agent be able to act while under incapacitation, they should fill-in the general form.
Durable Forms by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
How to Write
Step 1 – Download in Adobe PDF (.pdf) and/or Microsoft Word (.docx) and begin to complete by providing the following:
- Date of the document in dd/m/yy format
- Principal’s name
- Address
- State of residence
- AND
- Agent’s name
- Address
- State of residence
Step 2 – Effective Date –
- The Principal must initial the paragraph that would best indicate their choice as to when the document shall become effective
Step 3 – Agent’s Powers – Initial only the following powers that the Principal chooses to grant to the Agent:
- Banking
- Safe Deposit Box
- Lending or Borrowing
- Government Benefits
- Retirement Plan
- Taxes
- Insurance
- Real Estate
- Personal Property
- Power to Manage Property
- Gifts
- Legal Advice and Proceedings
Special Instructions -The Principal may specify any instructions extending or limiting any of the powers authorized
Step 4 – Titled Sections – Both parties must review the following:
- Authority of Attorney In Fact/Agent
- Liability of Agent
- Reimbursement of Agent
- Amendment and Revocation
- State Law (Enter the state of document execution)
- Photocopies
Step 5 – Signatures –
- Date the signatures in dd/m/yy format
- Principal’s signature
Witness Attestation – Prior to submission of signatures, the witnesses must read and agree to the attestation:
- Each witness must enter their signatures
- Witnesses must enter their complete addresses
Notarization –
- The notary will witness all signatures
- The notary shall then complete the remainder of the document by entering all of the state required information
- Notary shall affix their official seal (if any)
