Power of attorney is legal documentation of a relationship between two parties. The primary party is authorizing the secondary person to act on his/her behalf in certain matters. Power of attorney can be broad, authorizing access to personal records or other representation- or can be limited, and specify the roles that the secondary party can play. This is known as limited power of attorney.
Make a Plan
Before you write up a power of attorney document, you will want to discuss the powers and come to an agreement between the two parties. Unless you’re creating a general power of attorney, the powers will need to be written out as well as limitations or conditions to those powers.
Identify the Primary and Secondary
When writing up the power of attorney document, you’ll need to specify the parties involved. The requirements for identifying the primary vary from state to state, but at least his/her name and address should be specified. Other information that may be necessary include his/her social security or tax identification number. In most cases, the secondary can simply be identified with a name and address.
Specify the Powers Granted
Once the parties have been identified, you need to make a list of the specific powers being granted. These powers should be described in as much detail as possible, using broad enough language so that it does not tie the hands of the secondary, but specific enough that it limits their powers as well. You can do an online search for sample forms.
Specify the Time Period
If the power of attorney is meant to be for a limited time, the date of expiration must be specified. If there are conditions for which the power of attorney would be dissolved, those must be specified as well. Keep in mind that it is possible to revoke power of attorney at any time, so be sure to have an understanding of the time period granted from the start.
