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Laws
Statutes – § 700.5501 – § 700.5505
Definition – “A durable power of attorney is a power of attorney by which a principal designates another as the principal’s attorney-in-fact in a writing that contains the words “This power of attorney is not affected by the principal’s subsequent disability or incapacity, or by the lapse of time”, or “This power of attorney is effective upon the disability or incapacity of the principal”, or similar words showing the principal’s intent that the authority conferred is exercisable notwithstanding the principal’s subsequent disability or incapacity and, unless the power states a termination time, notwithstanding the lapse of time since the execution of the instrument.” (§ 700.5501(1))
Signing Requirements – Acknowledgment of Two (2) Witnesses and/or Notary Public (§ 700.5501(2))
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) – Delivers individuals with the opportunity to state their wishes regarding medical treatment and appoint a patient advocate.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses (§ 700.5506(4))
Durable (Financial) Power of Attorney – Grants agents access to the principal’s finances and property so that they can manage certain affairs for them. The term durable refers to the fact that the document remains in effect even after the principal becomes disabled or incapacitated.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public (§ 700.5501(2))
General (Financial) Power of Attorney – This is a non-durable document that provides individuals with a number of financial powers that can be selected from.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Limited (Special) Power of Attorney – Lets the principal designate a specific act to their agent as opposed to granting broad powers.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public (§ 700.5501(2))
Living Will – A comprehensive statement from an individual who wants to declare their desires concerning medical treatment at the time of incapacity.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Medical Power of Attorney – Is a designation of a patient advocate which allows them to make choices on behalf of the principal should they not be able to function independently.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses (§ 700.5506(4))
Minor Child Power of Attorney – Temporarily authorizes a caretaker to manage elements of a child’s life during the parent’s/guardian’s absence.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Motor Vehicle Power of Attorney – Owners or future owners of a vehicle can delegate the sale, acquisition, or titling to a third (3rd) party so that they may receive and sign any needed documents on their behalf.
Download: PDF
Signing Requirements: Only requires the signature of the principal.
Real Estate Power of Attorney – This is the delegation of powers related to real property so that the attorney-in-fact can carry out transactions for the principal.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public (§ 700.5501(2))
Revocation of Power of Attorney – A terminating document that revokes powers once given to an agent so that they no longer have the right to act for the principal.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Tax Power of Attorney – A form issued by the state to allow taxpayers the ability to commission a representative to execute duties in their name.
Download: PDF
Signing Requirements: Only demands the signature of the taxpayer or debtor.
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