Special Problems Demand Special Solutions—DoNotPay’s Sample Special Power of Attorney Is Just the Ticket!
There are times when you need to hand control of financial matters over to someone to make sure things get done when you can’t do it yourself.
A power of attorney (POA) is what you need in these situations, and DoNotPay is here to help with a sample special power of attorney that covers your needs!
A special power of attorney—also known as a limited power of attorney—is a legal document that hands over control of aspects of your life to an agent or attorney-in-fact for a:
- Limited time
- Defined scope of authority
Powers of attorney can be granted to regulate medical care, end-of-life decisions, or financial matters. During the time a power of attorney is in force, your agent is mandated to act on your behalf and has the same powers as if you were acting yourself.
A special power of attorney is used under the following circumstances:
|Circumstances for a Special POA||Explanation|
|Unavailability||If you—the principal—are going to be unavailable for an extended time, you can appoint an agent to act on your behalf until you return. The reasons for your absence could be:
|Incapacity||You may be temporarily unable to fulfill certain functions, or you may not have the expertise required to perform a particular task, such as conveyancing or stock trading. In these circumstances, you can appoint an agent to perform the specified tasks on your behalf|
A special power of attorney can be drafted in several variants, as follows:
A general POA gives overall control of your financial affairs to your agent but terminates if you become incapacitated. A special or limited general POA can also be terminated after a designated time.
If you become incapacitated, a springing POA comes into effect. You can create a special springing POA by limiting your agent’s area of responsibility.
A durable POA stays in force after you have become incapacitated. Special durable POAs limit the scope of your attorney-in-fact’s control.
The points you need to include in your special power of attorney document are as follows:
|Points To Include||Explanation|
|Principal’s details||You should include your:
|Agent or attorney-in-fact||Using a sentence such as, “I authorize [name of agent] of [address of agent] as my agent to act for me and in my name and for my use and benefit,” you can delegate authority to act on your behalf to your agent|
|List of responsibilities||You should list all the areas over which your agent can exercise control. Your POA could include a sentence such as, “I grant my agent authority to act for me in respect of the following powers”|
|Limitation of authority||You may want to explicitly exclude your agent from any control over certain aspects of your life. You can use a phrase like, “the agent may not use my property for their own benefit or the benefit of any other person to whom they owe an obligation of support without my written permission”|
|Effective date||In most cases, your POA becomes effective as soon as you have signed it. You can designate a specific date or circumstance—such as your incapacity—if you want your POA to be springing|
|Termination date||This is your opportunity to state whether the POA is general, durable, or limited to a fixed termination date, such as when you return from your foreign travel|
Once you are happy that your special power of attorney letter is complete and concise enough, you can go ahead and sign it.
Most states require you to sign in the presence of a notary, whose function is to:
- Verify your identity
- Check that you are of sound mind and understand the contents of what you are signing
- Ensure you are not acting under duress or pressure
A notary signature and stamp on your special power of attorney adds legal weight to the document.
You can have your POA drafted by a lawyer, who can also witness your signature and notarize the document.
At DoNotPay, we have an easier and more cost-effective solution—we can prepare your special POA online in a few clicks!
DoNotPay is your partner for simplifying legal processes, and creating a POA is no exception!
Here’s what you need to do to create your customized special power of attorney in a flash:
- Sign up with DoNotPay in your web browser
- Click on our Power of Attorney product
- Give us the details you want to be included in your document
DoNotPay will generate your POA in no time. Once we do, your only task will be to sign it and find a notary—DoNotPay can help you with that too. With a few more clicks, you can make use of our Notarize Any Document product and finish the job in one shot!
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