Setting Up a Power of Attorney

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Setting Up a Power of Attorney
It is possible to download and buy a template for
a POA but it is important to ensure you choose
the right one. Different states have different
requirements so there is no one standard POA. A
good idea when setting up a Power of Attorney is
to get help from an elder law attorney in Ocean
County or your location. There are a few powers
that cannot be delegated such as revoking a will,
or voting, although with the latter the person
acting as the guardian can ask for a ballot for
the person they are representing. Here is a look
at what the process looks like.
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Get the POA in writing While there are a few
areas in the country that accept POAs orally,
most want them written on paper. It keeps things
very clear and helps to ensure it is something
that can easily be referred to at any time and
avoid some arguments.   Select the right
format There are different formats and different
requirements across the country. Talk to an elder
law attorney in Toms River or where you are to
ensure you are meeting those requirements.
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Make clear what powers are being delegated A POA
can be a very limited and specific thing or it
can be very broad. That depends on what the
principle requires. Each power being granted
needs to be clearly stated in the POA. You cannot
just state in the document that you are giving
over all powers. Details need to be there
including how long the power is being granted
for.   Make sure the document is notarized Most
states in the US require the POA to be notarized,
something your elder law attorney in Ocean County
can help you with. Even in locations where the
notarization is not required, it is a good idea
to go ahead and do it anyway to cover your bases.
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Send in the POA In some locations, once the POA
is drawn up it has to then be filed with a
certain office, or court in order for it to then
become legal and valid. Check your state and see
what the rules are for where you live. If you are
transferring real estate in the POA then it needs
to be recorded in the location where the property
is. To be on the safe side you can file the
document with your county or state to ensure
there is a record of it kept somewhere.
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Conclusion The easiest way to start the important
process of establishing a legal POA is by finding
and contacting an elder law attorney in Toms
River. It can also be a lawyer that specialize in
estate or family law, practicing in your state.
It is also possible to get free legal help at
certain offices so check the Legal Services
Corporation's site online. There are different
POAs and with some professional advice, you can
better select the right type for your needs, and
choose agents you can trust to make decisions for
you when you are not able to.