A power of attorney (POA) is one of the most important estate planning tools. It allows you to choose someone you trust to manage your financial or healthcare matters if you cannot act for yourself. Without it, families may face costly court proceedings and delays during critical moments.
The question many ask is simple: how do you get a power of attorney? The process is straightforward in principle but requires care to ensure it is enforceable and suited to your needs. Here’s what you need to know.
What Is a Power of Attorney?
A power of attorney is a legal document that gives another person authority to act on your behalf. This authority ends at death and it is not a substitute for a will or trust.
The main types of power of attorney include:
- General POA: Grants broad authority to manage finances, contracts or property. Someone who travels abroad for months at a time might use this so their agent can manage daily obligations without interruption.
- Limited POA: Grants authority for a specific task. For example, you could authorize a realtor to sign closing documents on a home sale if you are unavailable.
- Durable POA: Remains valid if you become incapacitated. Without this durability language, the agent’s authority ends precisely when it is most needed, such as after a stroke or dementia diagnosis.
- Healthcare POA: Authorizes someone to make medical decisions if you cannot. This can cover treatment choices, surgery approvals or placement in a long-term care facility. Many states combine this with a living will to ensure medical wishes are followed.
How to Get a Power of Attorney: Step by Step
Getting a power of attorney involves more than filling out a form. Each step requires careful thought to ensure the document works when needed.
1. Decide which type of POA you need. Start by identifying whether you need a general, limited, durable or healthcare power of attorney. Someone planning a long overseas trip may only need a limited POA for specific financial tasks, while someone preparing for future incapacity will need a durable POA. Choosing the wrong type can leave gaps in authority that only a court can fix.
2. Select the right agent. Your agent should be someone you trust completely, with the competence to handle financial or medical matters. Banks and hospitals will rely on this person to make binding decisions, so the choice is critical. Always confirm their willingness before moving forward.
3. Use the correct state-specific form. Most states provide statutory forms, but requirements differ. A form valid in California may not work in Texas. Using a generic online template risks rejection by institutions that demand exact compliance with state law.
4. Execute the document properly. Some states require witnesses, others require notarization and some require both. If the execution is flawed, the POA may be unenforceable. Arrange for proper signing conditions in advance to avoid mistakes.
5. Distribute copies to relevant parties. Banks, doctors and care facilities often require an original or certified copy before honoring the POA. Providing these early prevents delays when decisions must be made quickly.
Do You Need a Lawyer to Get a Power of Attorney?
Not necessarily. For simple situations, a statutory power of attorney form may be enough. If you have one trusted spouse or adult child, no complicated assets and no expectation of disputes, a basic form can often cover your needs. Many states make these forms available online at little or no cost.
Certain circumstances, however, almost always call for a lawyer:
- Multiple properties or businesses: If you own real estate in more than one state or run a business, a lawyer can draft a POA that ensures your agent has authority to manage all assets without gaps.
- Blended families: In families with children from different marriages, disputes are common. A lawyer can draft clear authority and prevent challenges to your agent’s decisions.
- Complex healthcare needs: If you expect serious medical issues or need specific instructions for treatment, an attorney can ensure your healthcare POA and living will work together and comply with state law.
- Financial institutions that resist POAs: Banks sometimes reject generic forms. Lawyers can prepare documents that meet local standards and are more likely to be honored without court involvement.
- High-value estates: Significant assets require careful planning to avoid misuse of authority or exposure to liability. A lawyer can tailor the POA to protect your interests.
- Concerns about abuse: If you worry about family conflict or exploitation, an attorney can add safeguards such as requiring two agents to act jointly or limiting certain powers.
Having a lawyer is not always mandatory, but in any situation beyond the most basic, legal guidance ensures your POA is enforceable and ready to protect you when needed.
Risks of DIY Power of Attorney
Creating a power of attorney without legal guidance can expose you to serious problems. The document is only effective if it meets state requirements and is drafted with enough precision to avoid confusion or abuse. Many do-it-yourself forms fail on both counts. Here’s how.
- Improper execution. If the document lacks required witnesses or notarization, it may be invalid. Families often discover this only when they try to use the POA at a bank or hospital, forcing them into costly and time-consuming court proceedings to appoint a guardian.
- Outdated language. A form that does not include durability provisions will end when you become incapacitated, defeating its purpose. Institutions may also reject forms that do not match current statutory language in the state where you live.
- Overly broad authority. An overly broad document may allow an agent to transfer assets to themselves or sell property without oversight, leading to financial exploitation. Courts can intervene, but only after damage is done.
- Too narrow authority. A narrow POA may prevent your agent from accessing retirement accounts, managing digital assets or authorizing medical treatments. This forces loved ones to seek court orders to fill the gaps, which delays care and drains resources.
Even when forms are technically valid, ambiguity invites disputes. Siblings may argue over what powers were intended or institutions may interpret the language differently. Every dispute increases the chance of litigation and family conflict.
DIY forms may look inexpensive, but the risks often outweigh the savings. A rejected or misused POA leaves families in crisis with no clear path forward.
How to Choose the Right Person as Your Power of Attorney
Choosing an agent is the most important decision in the process. The best person to be power of attorney is someone you trust fully and who is capable of handling the responsibilities.
Qualities to prioritize include:
- Integrity: Your agent may control your money, property or medical decisions. They must act in your best interests, not their own and resist pressure from others.
- Competence: Managing bank accounts, authorizing medical procedures or signing legal documents requires someone who is organized and detail-oriented. An agent who struggles with paperwork or finances will quickly become overwhelmed.
- Proximity: If your agent lives nearby, they can appear in person to sign documents, meet with doctors or respond to emergencies. An agent who lives across the country may cause delays when decisions cannot wait.
- Willingness: Acting as an agent can be stressful, especially in medical situations. Make sure the person understands the responsibility and accepts it without hesitation.
- Communication skills: Your agent must interact with doctors, lawyers and family members calmly and clearly. Miscommunication can stall care or trigger disputes.
Be aware of red flags in potential agents:
- History of debt or financial mismanagement
- Substance abuse or addiction issues
- Poor judgment or reckless decision-making
- Strained family relationships that could trigger disputes
- Unreliability, such as missed deadlines or forgotten obligations
To help guide you, here are some common choices people make for their agents:
- Spouse or partner
- Adult children
- Siblings
- Trusted close friends
- Professional fiduciaries or attorneys when family is not suitable
Always name at least one backup agent. Even reliable choices can become unavailable due to illness, relocation or death. Successor agents prevent gaps in authority when your primary choice cannot serve.
Revoking or Updating a Power of Attorney
A power of attorney is not permanent. You can revoke or update it as long as you have capacity. To revoke, sign a written notice and deliver copies to your agent and any institutions that hold the document.
You should also update your POA in situations like these:
- Moving to another state
- Divorce or remarriage
- Death or incapacity of your chosen agent
- Significant changes in health or finances
Why Legal Guidance Matters
Getting a power of attorney is one of the most important steps in protecting your future and your family. While forms are available online, the risks of mistakes, invalid documents or poorly chosen agents are significant.
A lawyer can help you set up the right type of POA, ensure it meets state requirements and reduce the chance of rejection when it matters most.
For reliable, peer-reviewed guidance, consult a trusts and estates attorney listed on Best Lawyers. With the right help, you can ensure your financial and medical decisions are protected when you cannot make them yourself.
