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In many states, notarization is required by law to make the durable power of attorney valid. But even where law doesn't require it, custom usually does. A durable power of attorney that isn't notarized may not be accepted by people with whom your attorney-in-fact tries to deal.
Who can make a power of attorney? Anyone over 18 can make a power of attorney as long as they understand what they are signing (that is, if they have mental capacity).
The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document. Often your agent must present the actual document to invoke the power.
A Financial Power of Attorney: is a legal document that allows one person to act for another person, but the authority comes with duties and responsibilities. The giver of the authority is known as the principal, while the receiver is referred to as an agent.
An agent under a durable power of attorney, appointment of health care agent, or a successor trustee, is the person who will handle specific decisions and issues on your behalf should you become incapacitated. A personal representative, or successor trustee, will handle your affairs upon your death.
Signing Requirements: No specific signing requirement; however, it is suggested that the document be notarized. Tax Power of Attorney (Form RV-071) Used when you wish to appoint another to take care of your tax issues in front of the tax authority, such as to obtain information and make filings, etc.
Most states do not require the power of attorney (POA) to have both signatures as only the principal is required to sign.The person bestowing the authority is the principal, and the person appointed to act is the agent, sometimes called the attorney-in-fact.
The durable power of attorney appoints an agent to manage the principal's financial affairs and conduct business during the period the principal is unable to make their own decisions. A durable power of attorney remains effective throughout the period the principal is incapable of handling their own affairs.