Power of Attorney

Summary

This template is a power of attorney used to authorize an agent to manage a principal's financial matters and property. The template is non-jurisdictional and may be modified for any state. This template includes practical guidance, drafting notes, and optional clauses. This template is modeled on the statutory power of attorney form in the Uniform Power of Attorney Act. Unif. Power of Attorney Act § 301. A power of attorney in substantially the same format as this template may be used to create a statutory power of attorney under the Act. A statutory form has multiple advantages, including uniformity among practicing attorneys and increased acceptance by third parties. This template follows the default provisions of the Act but should be tailored to address state-specific requirements and individual client circumstances. The image below summarizes the states that have a statutory form of a power of attorney. Visualization of Statutory Form of Power of Attorney (January 1, 2023) Changes to this power of attorney form, including the addition of optional clauses, should be added in the Special Instructions section of the document when permitted by applicable state law. Counsel should be aware that not every state has adopted the Uniform Power of Attorney Act. Currently 28 states have enacted the law, with several in the process of doing so. States may adopt all or part of the uniform law, so be sure to consult state law and modify this template accordingly. Two additional forms should be used in conjunction with this power of attorney: (1) Important Information for Agent (Unif. Power of Attorney Act § 301) and (2) Agent's Certification of Facts (Unif. Power of Attorney Act § 302). The Important Information for Agent contains guidance for the agent regarding his or her duties and obligations and provides instructions with respect to proper document execution. The Agent's Certification of Facts can be used if a financial institution or other person or business refuses to act on the power of attorney without further documentation or supporting information. This template is jurisdiction-neutral, and as such counsel should consult and incorporate the laws of the particular jurisdiction. For state-specific power of attorney practice notes and templates, see the Powers of Attorney topic in the Trusts & Estates practice area. This power of attorney template does not address health care or medical decision-making. For practice notes and advance health care directive templates, see the Disability Planning topic in the Trusts & Estates practice area.