Power of Attorney Procedures

Health Care

• The most widely used power of attorney is for health care purposes. Technically speaking, this is called a durable power of attorney for health care.
  
  A person needs to be of sound mind to execute this type of power of attorney. There are standard forms for this type of power of attorney available from hospitals, clinics, doctors and churches. In most states, the health care power of attorney must be signed in front of a notary public to be accepted as legal.
  
  The health care power of attorney designates an individual who is vested with authority to make medical decisions for you, should you be incapacitated. The heart of such a delegation of authority is to grant your agent the ability to determine whether extraordinary procedures are used to keep you alive.
  
  

Finances

• A financial power of attorney is established to designate an agent to act on your behalf in regard to certain financial matters. You can draft a financial power of attorney to deal with only a specific financial matter. On the other hand, a financial power of attorney can grant another individual authority to deal with all of your financial matters and affairs.
  
  You have the ability to revoke a financial power of attorney at your discretion. Indeed, a basic financial power of attorney is automatically revoked if you become incapacitated. However, if you create a durable power of attorney for financial matters, the document remains effective even after an incapacitation.
  
  A financial power of attorney must be signed in front of a notary public in most states to be deemed legal.
  
  

Filing Requirements

• The laws regarding power of attorney procedures differ slightly from state to state. In some jurisdictions, the power of attorney needs to be filed with the local register of deeds (or a comparable official who manages records).
  
  Most states forgo a filing requirement for powers of attorney in this day and age.