Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

To determine if a power of attorney (POA) is legally valid, one must examine the specific requirements under the relevant state law. While there are some common elements, POA laws can vary significantly between states. Generally, the following factors are important in assessing the legality of a POA:

First, the document must be properly executed according to state law. In most states, this means the POA must be signed by the principal (the person granting the power) while they have mental capacity. Many states also require the signature to be notarized or witnessed by one or more individuals. Some states have additional execution requirements for certain types of POAs, such as those granting authority over real estate transactions.

Second, the POA must clearly identify the principal and the agent (the person receiving the authority). It should also specify the powers being granted, which can be broad or limited in scope. The document should state whether it is durable, meaning it remains in effect if the principal becomes incapacitated, or non-durable.

Third, some states require specific statutory language to be included in the POA document. For example, some states mandate that certain warnings or notices be incorporated into the text. Failure to include required language could potentially invalidate the POA.

Finally, it’s important to verify that the POA has not been revoked or terminated. A POA can be revoked by the principal at any time if they have capacity, and it automatically terminates upon the principal’s death. Some states also have laws that automatically terminate a POA after a certain number of years unless it explicitly states otherwise.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.