Although these documents can differ in terms of what is required to properly execute the instrument, most POA forms will demand that the principal’s signature be performed in the presence of a notarial officer or other witnesses in order to rightfully activate it.
Laws
Statutes – Powers of Attorney (Chapter 633B)
Definition – “Power of attorney” means a writing that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used (§ 633B.102(9)).
Statutory Form – § 633B.301
Signing Requirements – Acknowledgment of a Notary Public (§ 633B.105)
By Type (11)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Living Will
- Medical Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – An all-encompassing healthcare planning document that allows users to appoint a representative as well as declare their own preferences concerning medical treatment.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses or Notary Public (§ 144B.3, § 144A.3)
Durable (Financial) Power of Attorney – Delegates specified financial matters to an attorney-in-fact and remains operable if or when the principal enters a state of incapacity.
Download: PDF
Signing Requirements: Acknowledgment of a Notary Public (§ 633B.105)
General (Financial) Power of Attorney – Is formatted as a non-durable POA that has the capability of designating an agent to carry out actions connected to the principal party’s financial assets and/or liabilities.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of a Notary Public (§ 633B.105)
Limited (Special) Power of Attorney – A basic form that provides the opportunity to formulate your own description of the authority that is to be granted.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of a Notary Public (§ 633B.105)
Living Will – A proclamation of one’s desires regarding end-of-life care.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses or Notary Public (§ 144A.3)
Medical Power of Attorney – An appointment of powers to a healthcare proxy so that they may execute decisions on the behalf of the principal at the time of their incapacity.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses or Notary Public (§ 144B.3)
Minor Child Power of Attorney – Grants parental authority to an individual other than the mother/father/guardian so that they may sufficiently address any of the child’s needs (medical, dental, education, etc.)
Download: PDF
Signing Requirements: Acknowledgment of a Notary Public (§ 633B.105)
Motor Vehicle Power of Attorney – Authorizes an attorney-in-fact to act in the place of the grantor for transactions involving an automobile.
Download: PDF
Signing Requirements: Acknowledgment of a Notary Public (§ 633B.105)
Real Estate Power of Attorney – Expresses the conveyance of authority to a third-party individual so that they can perform duties in relation to the principal’s real estate affairs.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of a Notary Public (§ 633B.105)
Revocation of Power of Attorney – Issued to terminate the policy of a currently effective POA.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Tax Power of Attorney – Utilized by those who wish to delegate specific tax matters to an accounting professional, an attorney who specializes in taxes, or any other type of agent they deem suitable.
Download: PDF
Signing Requirements: Necessitates the signature of the principal(s).
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