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Note: This is general legal information
intended only to inform the reader. If you need legal advice, you should consult an
attorney. See entire
Disclaimer.
Your Name: identifies you, the person creating the limited
power of attorney (the "principal"), and starts with the first name. The current
official name, as it appears on the driver license for example, should be listed
here. If other names were used in financial records which would be the subject
of this limited power of attorney, they should also be listed
here. This would make your attorney-in-fact's job much easier. Examples: Paul
Cooper; aka, Paul Blake; aka, Paul Cooper-Blake.
Note: for property you co-own, for example with your spouse, your
limited power of attorney will give control to your attorney-in-fact only over
your interest in that property. For full control, all owners must give a
separate power of attorney to the same attorney-in-fact.
Your Residence Address not
only further identifies you, the principal, but is required as the law differs
in each state. Your limited power of attorney will be subject to the law of the state
indicated here. In general, the principal's state is the state where his/her
main legal residence is; that is the state where he/she lives or he/she has most
contacts with by voting there, owning property there, having bank accounts
there, etc. List here at least your city and your state.
Social Security Number. This is optional. Including the
social security number in the limited power of attorney would certainly make the
attorney-in-fact's job much easier especially when dealing with financial
institutions. Given the current escalation in identity thefts, it is normal to
hesitate. If you have any reservations, you may later provide your social security number to your attorney-in-fact
when/if necessary.
The Attorney-in-Fact, sometimes called agent, is the person
you, the principal, authorize to represent you in your financial matters. This
is the most important decision you have to make for the purpose of creating the
limited power of attorney. The person you choose does not have to be an attorney
or any other type of expert. You can choose any competent adult you trust and is
willing to serve. When
choosing such a person, the following are some factors which should be
considered: trustworthiness, relationship with you, his/her willingness to serve, his/her skills, and his/her residence.
For example, your spouse or an adult child may be a good choice. The limited power of attorney can be revoked, and/or the attorney-in-fact changed, at any time.
List here the correct name and address (at least the city and state) of the
person you want to designate as your attorney-in-fact. If you are
not sure, ask the person you want to be your attorney-in-fact. Example: John
Smith, 234 Norman St., Apt. 100, Irvine, CA, 92555.
Authorization Description. Here, the principal, the person creating the
limited power of attorney, indicates what specific powers he/she is giving to the
attorney-in-fact. The authority, can be broader or narrower, depending on the
principal's situation and his/her intent or wishes.
It is very important to be specific here regarding (1), what your
attorney-in-fact may do, and (2), with what property.
Example 1:
I appoint my attorney-in-fact to act on my behalf for the purpose of (this
is required language) selling my 2000 Mercedes Benz E320, California
license plate 3WWW678, for no less than 15,000. He may sign in my name all
documents associated with this transaction. My attorney-in-fact may deposit the
proceeds of the sale in my saving account no. 234-3456, Chase Bank.
Example 2:
I appoint my attorney-in-fact to act on my behalf for the purpose of (this
is required language) closing the escrow on the property I am purchasing,
located at 111 East Street, Irvine, CA. My attorney-in-fact may sign the
required documents on my behalf. My attorney-in-fact may also withdraw funds
necessary to close this escrow from my checking account no. 123-456, City Bank.
It should be noted that some financial
institutions have their own power of attorney form. If your attorney-in-fact
will have to deal with your bank on your behalf, and the bank has such form, you
should fill out that form too; it would facilitate your attorney-in-fact's
interaction with that bank.
Authorization Start Date. Enter here the date you want your limited
power of attorney to take effect.
Authorization End Date. Enter here the date you
want your limited power of attorney to end.
Note. It is generally wise to revoke the old limited power of attorney
and create a new one periodically. Many institutions are hesitant to work with
limited power of attorneys which are older than one year. When you do revoke
your old limited power of attorney, you should notify whoever has a copy
that you revoked it, and that you have created a new one.
© Legal Arrow, Inc.
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