How to Get a Power of Attorney Form

A power of attorney is an important legal document that allows you to authorize someone else to carry out legal, financial, or, in some cases, even medical decisions on your behalf. This legal document can help you to facilitate specific business transactions or protect your assets if you become incapacitated. You can obtain the necessary forms in several ways, including from a licensed attorney, from a legal services provider, or directly from your state.

What is a power of attorney?

Power of attorney documents allow you—the principal—to designate an agent—also called an attorney-in-fact—to make certain legal and financial decisions on your behalf.

You might use a power of attorney to authorize an agent to carry out real estate transactions, file federal taxes, or represent you in legal proceedings. It's also common to use a medical power of attorney in tandem with other estate planning documents to dictate your healthcare wishes in case of incapacitation. 

Types of power of attorney

There are five main types of powers of attorney that vary by the powers given and the duration that they remain in effect. You may need to fill out a specific form depending on the type of POA.

• General power of attorney: Also called a financial power of attorney, grants broad powers over finances and legal matters, such as the ones listed above.
• Durable power of attorney: Remains in effect even if the principal becomes incapacitated. This POA is particularly beneficial for asset protection.
• Medical power of attorney: Also called an advance healthcare directive, allows the agent to make healthcare decisions on behalf of the principal as dictated in their power of attorney document.
• Limited (Special) power of attorney: Grants the agent specific powers for particular situations, such as to sell personal property or handle tax matters.
• Springing power of attorney: Becomes effective only when a specific event dictated in the POA occurs, typically if the principal becomes incapacitated.

Why is a power of attorney form important?

A well-drafted power of attorney form will outline what powers you authorize your agent to perform, when the POA will take effect, and how long it will remain effective. In the case of a durable, springing, or medical POA, dictating your financial and medical decisions in the document helps to ensure that your wishes are met despite incapacitation.

In that way, having these legal documents in place can prevent future legal complications and spare family members from having to make difficult decisions. That said, what you include in the document will determine how well it informs your agents future actions on your behalf. 

How to get POA forms in 3 ways

There are a few different ways to obtain a POA form depending on how generalized or specific of a POA you want. 

1. Obtain a power of attorney form from your state

The easiest way to ensure your POA aligns with state requirements is to download a statutory form from your state's official government website. Many states provide sample or downloadable power of attorney forms designed to comply with state-specific laws. While this option doesn't allow you to entirely curate the POA to align with your individual needs, it does allow you to create a generalized form by checking boxes for the powers you want to authorize.

2. Purchase forms from a reputable online legal service

If your state doesn't provide sample forms or if you prefer a more customized approach, you can also work with an online legal services provider to create a power of attorney form. LegalZoom's POA service poses a series of questions and provides a tailored form based on your answers. This option offers attorney support and a more personalized document without the full price of hiring an attorney from start to finish.

3. Contact a licensed estate-planning attorney

Lastly, an estate planning attorney licensed to practice law in your jurisdiction can also create a valid power of attorney document for you. If your situation is complex or if you have questions about the scope of your power of attorney, working with a lawyer can provide valuable peace of mind. 

Considerations for power of attorney forms

To ensure the document is valid and enforceable in your state, there are a few things to keep in mind when trying to establish a POA using a POA form.

• State-specific requirements. State statutes authorize power of attorney forms. In other words, your completed document must comply with your state's specific requirements to be legally valid. For example, some states require your POA to include specific language or clauses.
• Notarization and witnessing. Some states require you to have your POA forms witnessed and signed by a notary public. Confirm what signatures your form needs to be legally binding according to your state’s requirements.
• Scope and duration. Clearly define the powers granted and the duration of the POA to align with your intentions. Dictate when the POA will take effect and under what conditions it should terminate.
• Filing requirements. Typically, states don’t require you to file a POA with your local country clerk, although some recommend it. Depending on the purpose of your POA, you may need to file it with the relevant institution. 

7 reasons to consider a POA legal service

Using a paid legal service like LegalZoom to obtain a POA form can offer several advantages, especially if your needs are unique or complex.

1. Customization

Paid legal services often provide tailored POA forms that they'll customize to accommodate specific needs and situations. This includes adding clauses, setting limitations, and defining the scope of authority precisely, which may not be available in free, generic templates such as the ones provided on your state website.

2. Compliance

Working with a legal service can also help to ensure the document complies with state laws. Legal services typically stay updated with changes in state laws, so you can be confident the document will meet all state-specific legal requirements to be legally enforceable in your state.

3. Guidance from legal professionals

Many paid services provide access to legal professionals who can review your POA, answer questions, and provide legal counsel. LegalZoom's premium plan offers legal counsel, attorney reviews, and document revisions. This can be invaluable for understanding complex terms, choosing the right type of POA, and ensuring all important details are addressed.

4. Complex situations and special clauses

If you have unique needs—such as including specific conditions for activating the POA (like a springing POA that becomes effective upon incapacitation)—a paid service can offer a document with the necessary complexity and customization to fit your situation.

5. Peace of mind

Using a paid service minimizes the risk of mistakes, like incorrect wording or missing sections, that could render the POA invalid. LegalZoom's service also offers a month's worth of unlimited revisions to make sure you are satisfied with your POA before signing and recording it. This peace of mind is especially important for individuals managing significant assets or complex medical needs.

6. Affordable legal support

A paid online service can be a cost-effective middle ground between free forms and hiring an attorney directly, often at a fraction of the cost. These services provide legal guidance that’s more affordable for simple to moderately complex needs.

7. Protection in case of disputes

If a POA is later challenged or contested, having a professionally prepared and reviewed document from a reputable legal service can offer added legal protection. Courts are more likely to uphold a carefully crafted POA prepared with professional assistance.

FAQs

Where can I get a power of attorney form?

There are several places to obtain a power of attorney form. Many official state websites will have downloadable statutory forms. LegalZoom also has a service that provides a customizable form based on your answers to a series of questions.

Do power of attorney forms need to be notarized or witnessed?

That depends on your state. Many, but not all states require a power of attorney document to be witnessed and notarized. However, it's highly recommended to have the document at least notarized no matter your state.

Can I create a POA without a lawyer?

Yes, you can create a POA without a lawyer. However, this route won't help to ensure that it's legally valid or will truly provide the benefits you're hoping to gain from having this document in place. For example, POAs that are missing important state-required language or signatures may not be enforceable.

How long is power of attorney valid?

Depending on the type of POA you choose, it will remain valid until you revoke it or upon death or incapacitation. For example, a general POA will become invalid upon incapacitation. However, a durable POA will remain in effect until death or revocation.