Power of Attorney
A legal document authorizing a designated person to manage financial, legal, or healthcare decisions on behalf of the principal.
FAQs
Who should I name as my power of attorney agent?
Choose someone you trust completely with financial decisions — a spouse, adult child, sibling, or close friend. Ideally someone financially responsible, organized, and able to act under pressure. Consider naming a successor agent in case your first choice is unavailable. An attorney or professional fiduciary can serve if no trusted personal relationship is appropriate. Discuss your wishes in advance so they understand your preferences.
Can I revoke a power of attorney?
Yes — a principal can revoke a POA at any time while competent, typically by executing a written revocation and notifying the agent, financial institutions, and any other parties who relied on the original POA. If the original POA was recorded in a county recorder's office, the revocation should also be recorded. A new POA automatically revokes the old one if it explicitly states so.
Is a notarized power of attorney required?
Requirements vary by state. Most states require notarization; many also require witnesses. For real estate transactions, recording in the county recorder's office may be required. Financial institutions often have specific requirements for accepting a POA — some require the POA to be on their own form. Have your POA drafted by an attorney to ensure it meets your state's requirements and is accepted by major institutions.
Related Terms
Estate Planning
The process of arranging for the management and distribution of assets during life and after death, minimizing taxes and ensuring wishes are carried out.
Beneficiary Designation
A legal instruction naming who receives specific account assets directly upon the account holder's death, bypassing probate.
Fiduciary Duty
Legal obligation to act in another party's best interest, arising in relationships of trust and confidence.
AML
Anti-Money Laundering — a framework of laws, regulations, and procedures designed to prevent criminals from disguising illegally obtained funds as legitimate income.