User

Welcome to SPARC Forums. Please login or sign up.

Jul 26, 2024, 11:57:03 PM

Login with username, password and session length

Power Of Attorney Forms

May 11, 2012, 03:00:00 PM
Views: 460776
Rating: 0 (Rates: 0)

These forms are commonly used to allow a spouse or significant other to request school and/or medical records for a stepchild.

Often when a step-parent requests reports cards or medical information, the school or doctor will refuse, responding that it is their policy to release information only to a parent or legal guardian. A valid Power of Attorney overrides their policy and gives you the legal right to access those records. This is generally true even if there is a State or Federal law that the school or doctor's office is citing as the reason or basis for refusal.

The Limited Power of Attorney is a basic form that could be used where the rights granted are intended to give authority to a person to act in a few specific areas. The General Power of Attorney is a comprehensive form that covers almost any eventuality, and essentially gives the holder complete authority to act on behalf of the granter.

Pick either the Limited or the General Power of Attorney form and modify it to suit your particular needs by changing the text where the various rights and provisions are spelled out. Then take the completed form to a Notary Public and have them witness the signatures of both you and the person you are designating as having your Power of Attorney.

Although these generic forms are usually accepted as being legal and binding, and as having the force of law behind them, we recommend you verify that the form you use is binding in your State.




WARNING!


UNDER NO CIRCUMSTANCES should anyone EVER sign a [u]durable[/u] power of attorney for a spouse. The power of attorney should expire, at most, one year from the date signed. This is the advice given to every soldier or sailor in the military as he prepares to deploy (since he will be out of touch, it is common practice to leave the spouse with a power of attorney), and it is very sound advice.

Far too many soldiers and sailors come home to find the house empty, the spouse gone, and themselves stuck with tens of thousands of dollars worth of new debts. An expiration date on the POA keeps them from getting the same treatment for years to come.

Imagine what would happen if your ex were to dig up an old power of attorney document and use it for her own purposes. He or she would have access to every financial record you have, would be able to get loans and sign documents in your name, and generally wreak havoc. Even if you revoke the POA, they can still use it. How is the bank going to know it has been revoked?

No matter how much you trust your current spouse, it is far easier to sign a new POA every year than it is to deal with a POA in the wrong hands.





Limited Power Of Attorney Form


NOTICE OF LIMITED POWER OF ATTORNEY


BE IT KNOWN, that _____________________________________ has made and appointed, and by these presents does make and appoint _______________________________ true and lawful attorney for him/her and in his/her name, place and stead, for the following specific and limited purposes only:

To request and receive school records for (name of child)
To request and receive medical records for (name of child)
To authorize medical care (emergency or non-emergency) for (name of child)
(etc.)

giving and granting said attorney, full power and authority to do and perform all and every act and thing whatsoever necessary to be done in and about the specific and limited premises (set out herein) as fully, to all intents and purposes, as might or could be done if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that said attorney shall lawfully do or cause to be done by virtue hereof.

This power of attorney expires one year from the date of my signature below. IN WITNESS WHEREOF, I have hereunto set my hand and seal this _______ day of _______________________, 19____.

Signed, sealed and delivered in the presence of:



_____________________________ _____________________________
Witness

_____________________________
Witness

State of _____________ )

County of ____________ )

The foregoing instrument was acknowledged by me this ___________ day of _____________, 20____ by:_______________________________ who is/are personally known by me or who has/have produced: ______________________ as identification and who did not take an oath.

________________________________ (SEAL)
Notary Public
State of
My Commission Expires:____________________






General Power Of Attorney Form


GENERAL POWER OF ATTORNEY




I, __________________________, residing at__________________________,

hereby appoint ______________________ of ___________________________,

as my Attorney-in-Fact ("Agent").

I hereby revoke any and all general powers of attorney that previously have been signed by me. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to my health care that previously have been signed by me.

My Agent shall have full power and authority to act on my behalf. This power and authority shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and powers, including all rights and powers that I may acquire in the future. My Agent's powers shall include, but not be limited to, the power to:

1. Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, and other similar accounts with financial institutions, including, but not limited to:


  1. Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity.
  2. Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities.
  3. Have access to any safe deposit box that I might own, including its contents.


2. Sell, exchange, buy, invest, or reinvest any assets or property owned by me. Such assets or property may include income producing or non-income producing assets and property.

3. Purchase and/or maintain insurance, including life insurance upon my life or the life of any other appropriate person.

4. Take any and all legal steps necessary to collect any amount or debt owed to me, or to settle any claim, whether made against me or asserted on my behalf against any other person or entity.

5. Enter into binding contracts on my behalf.

6. Exercise all stock rights on my behalf as my proxy, including all rights with respect to stocks, bonds, debentures, or other investments.

7. Maintain and/or operate any business that I may own.

8. Employ professional and business assistance as may be appropriate, including attorneys, accountants, and real estate agents.

9. Sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act with respect to any of my property (now owned or later acquired) including, but not limited to, real estate and real estate rights (including the right to remove tenants and to recover possession). This includes the right to sell or encumber any homestead that I now own or may own in the future.

10. Prepare, sign, and file documents with any governmental body or agency, state or federal, including, but not limited to, authorization to:


  1. Prepare, sign and file income and other tax returns with federal, state, local, and other governmental bodies.
  2. Obtain information or documents from any government or its agencies, and negotiate, compromise, or settle any matter with such government or agency (including tax matters).
  3. Prepare applications, provide information, and perform any other act reasonably requested by any government or its agencies in connection with governmental benefits (including military and social security benefits).


11. Make gifts from my assets to members of my family and to such other persons or charitable organizations with whom I have an established pattern of giving.

12. Transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. 13. Disclaim any interest, which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate.

14. Make decisions about Child Support and Custody issues, communicate with any persons regarding such issues, and any State or Federal agencies regarding Child Support or Custody.

15. To act on my behalf when for any reason I am not physically available to: retrieve school records, Doctor and dental records, to provide and make available medical or dental attention, to pick up and drop off from school, daycare, after school and extracurricular activities and any other means needed to provide care for my child.

This Power of Attorney shall be construed broadly as a General Power of Attorney. The listing of specific powers is not intended to limit or restrict the general powers granted in this Power of Attorney in any manner. Any power or authority granted to my Agent under this document shall be limited to the extent necessary to prevent this Power of Attorney from causing: (i) my income to be taxable to my Agent, (ii) my assets to be subject to a general power of appointment by my Agent, and (iii) my Agent to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Agent.

My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney.

I authorize my Agent to indemnify and hold harmless any third party who accepts and acts under this document.

My Agent shall be entitled to reasonable compensation for any services provided as my Agent. My Agent shall be entitled to reimbursement of all reasonable expenses incurred in connection with this Power of Attorney.

My Agent shall provide an accounting for all funds handled and all acts performed as my Agent, if I so request or if any authorized personal representative or fiduciary acting on my behalf makes such a request.

This Power of Attorney shall become effective immediately, and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This Power of Attorney shall continue for a period of one year from the date signed by me below, unless revoked prior to that date. I may revoke this Power of Attorney at any time by providing written notice to my Agent.


Dated:_________________________, 20XX at_________________________.


__________________________________
(Person giving Powers)


__________________________________
[WITNESS' FULL LEGAL NAME]


__________________________________
[WITNESS' FULL LEGAL NAME]


STATE OF____________, COUNTY OF________________________.



The foregoing instrument was acknowledged before me this _____ day

of _______________, 20XX by

______________________________, who is personally known to me or who has

produced __________________________________ as identification.

_________________________________
Signature of person taking acknowledgment

_________________________________
Name typed, printed, or stamped

_________________________________
Title or rank

_________________________________
Serial number (if applicable)


This document was prepared by:
Name: ______________________
Address: ___________________



Articles in « Practical Tips and Techniques »