It is this determination of incapacity that will act as the trigger for the agent’s authority to “spring” into effect. If using a “springing” power of attorney, it is important that the standard for determining incapacity be clearly laid out in the document. The agent’s authority comes into effect at the time incapacity is determined. A “springing” power of attorney will allow your agent to act for you if you become incapacitated. Under the “New Act”, a power of attorney will be deemed “durable” unless it expressly states otherwise.Īnother fundamental aspect of a power of attorney is whether the grant of power to the agent is effective at the time of execution or whether it is “springing”. Nebraska recently changed this assumption or default rule in January, 2013, with the adoption of the Uniform Power of Attorney Act, the (“New Act”). Historically, the power of attorney document had to expressly state it was “durable” or else it was deemed to be not durable. The term “durable” simply means it will remain in effect after you become incapacitated. A “general” power of attorney is comprehensive and gives your agent all the powers and rights that you have yourself.Ī “durable” power of attorney can be “general” or “limited” in scope. A “limited” power of attorney gives your agent the power to act on your behalf for a very limited purpose and it usually ends at a time specified in the document. For example, the power of attorney can be either “limited” or “general”. There are different variations or options you should consider. This can be an expensive and time-consuming process.īefore executing this crucial document, it is important to understand what your options are. Without a durable power of attorney, your family will not be able to make financial decisions for you during periods of incapacity unless a court appoints a guardian or conservator. It allows someone you appoint to act in your place for financial and other purposes if at some time in your life you become incapacitated. To learn more about why a power of attorney should be notarized, or to find out about any services that Sidhu & Associates offers, please contact us at 60 or fill out a contact form on our website and we will get back to you as soon as we can.A durable power of attorney is an important component of every comprehensive estate plan. A power of attorney has a high degree of authority over matters that are potentially life-changing, so having the document examined by an experienced and unbiased set of eyes can help to ensure that no mistakes are made and that your best interests are properly represented. In most other situations, a power of attorney will simply require the signatures of witnesses.ĭespite the fact that it is not always necessary to have a power of attorney notarized, it is always recommended. If the power of attorney allows for the sale or disposal of property, a notary will need to be involved. When Does a Power of Attorney Need to be Notarized?Īlthough it is not legally required to have a power of attorney notarized in most jurisdictions and situations, there are circumstances that will require notarization in order to make the document legally valid. It is extremely common for powers of attorney to be created for individuals who are advancing in age or have a debilitating mental or medical condition. There are many reasons that a power of attorney might be drawn up if somebody is going to be out of the country for an extended period of time, they might need somebody to handle property, banking, or business affairs on their behalf. What is a Power of Attorney?Ī power of attorney is a legally binding document that gives one person authority to act on behalf of another in financial and legal affairs. Knowing when a power of attorney needs to be notarized can be tricky, so we offer assistance to clients to ensure that their document is valid. At Sidhu & Associates, we are an Abbotsford notary who provides assistance in the entire process involved in creating a legally valid power of attorney document. When putting together a power of attorney, it is important to know the benefits of having a notary public aid in assembling the documents.
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