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Requirements for a Power of Attorney

Power of Attorney

  • The Power of Attorney Law provides that any “natural person having the capacity to contract may execute a power of attorney”.
  • The power of attorney must contain the date of execution
  • The power of attorney must be signed by the principal or by another adult in the principal’s presence and under the direction of the principal.
  • The power of attorney is signed and acknowledged before a notary public or is signed by two witnesses.

If the durable power of attorney is signed by two witnesses rather than a notary public, the witnesses must be adults and cannot include the attorney-in-fact representing the principal.

Power of Attorney deals with

  • transactions related to real property or tangible personal property;
  • stocks and bonds,
  • commodities and options,
  • banking and other financial institution needs,
  • business operations,
  • beneficiary transactions related to estates and trusts,
  • insurance and annuities,
  • claims and legal litigation,
  • personal and family maintenance,
  • social security or other government program benefits, and
  • retirement plans and tax matters

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