Power of attorney is made through the state. Therefore, you may want to create multiple versions, if you will be moving, or you are a snowbird and move throughout the year. If you do have to relocate, the power of attorney won’t change, but it still would be helpful to update it, if there are changes to your address. Therefore, you won’t have to sign a new one, but you can update it with the new information. A Heber estate planning attorney can help to guide you through the process.
What is Power of Attorney?
A power of attorney is a document that by law requires that it be granted before an attorney. This is usually a legal professional who oversees certifying the requirements indicated for it to be met. The person who wishes to grant a power of attorney has to go to an attorney with official identification and the lawyer will be in charge of writing the document according to the actions that the principal wants to be carried out. However, the Heber power of attorney has to assess whether the parties have the capacity to carry out the details of the document and whether the act for which it is intended is valid, legal, and possible.
For Companies and Individuals
Broadly speaking, a power of attorney is a legally valid document with which you grant someone you trust the ability to make decisions and carry out actions on your behalf. This may be the case of a person who lives in another country and needs to designate a family member, or manager to be in charge of managing the family assets. It is also convenient or, on occasions, necessary, to empower a lawyer to represent you in certain legal, or material acts. In the case of companies, for example, there is often the attorney-in-fact, who is empowered to represent the organization, decide, and act on issues related to the development of the company’s activity.
What Types of Powers of Attorney Are There?
Special Powers: This type of power is granted only to fulfill a specific purpose, in which all possible data must be provided, related to the procedure to be carried out or with the purpose for which it was granted.
General Powers: This power can be granted for lawsuits and collections and/or administration and/or domain, if it is done by establishing the three clauses, it is considered a broad power, which includes the full use and domain of properties by the representative or attorney-in-fact to whom the power of attorney has been granted.
Who is the Agent?
In most states, the power of attorney does not require the signature of the principal and the agent. The person with the most authority over the power of attorney is the principal. The person who is acting as the agent is known as the attorney-in fact. This means an attorney would act as your agent.
The power of attorney is unilateral. This means you can decide to make a power of attorney for someone without it being necessary for the person who receives it to know or authorize it. Nor is it necessary for said person to be present before the Heber power of attorney lawyer at the time the power of representation is granted. Thus, the only thing that needs to be validated is that the applicant (or principal) is of legal age, is in full possession of his mental faculties, and has his ID. The power of attorney will be valid from the moment it is signed before a Heber estate planning lawyer.
How a Lawyer Can Help
The documents related to your power of attorney, which was created in a previous address in another state could possibly not be valid in the state where you relocated. However, a Heber power of attorney will be able to advise you, if a new one needs to be created or not, depending on the particular state. The decision would come down to whether the organization or financial institution for which it is intended would accept it or not. The validity of the document would depend on if the state is using “Uniform Power of Attorney Act” or if the form is in compliance with the law in that state. Therefore you need a good attorney to guide you through the process if you decide to move to another state.
If you need help with a power of attorney, you can contact an Utah power of attorney representative such as Gordon Law Group.
