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Client Intake Query

Durable Power of Attorney Questionaire

Enter the information below for the individual that is granting this Power of Attorney

A Durable Power of Attorney remains in force even if the principal becomes mentally incapacitated and
ends automatically when the principal dies or is revoked by notifying your Agent in writing.

TERMS TO KNOW:

The person who gives the authority (power to act) is referred to as a donor, grantor, or principal.

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The Agent or Attorney in fact is the person(s) that the principle names to act on their behalf

Which (State) Governing Law should I choose? A Power of Attorney is governed by the law of the jurisdiction where the actions of the Agent will be performed. Normally, this is the place in which the property of the principal is located. Therefore, it is not a good idea to appoint an Agent who resides in a different jurisdiction, unless the property or assets you want the Agent to deal with are also in the different jurisdiction. If you anticipate that your Agent will be acting in more than one jurisdiction, you should probably make separate powers of attorney for each jurisdiction.

Governing Law Examples Examples: If your bank accounts and other property are located in the jurisdiction where you live, you will want to choose that jurisdiction for the governing law, and appoint an Agent who lives in the same jurisdiction. If you live in one jurisdiction but have a bank account or other property someplace else, and you want an Agent to deal with that property, you will want to choose the place where the property is located as the governing law, and appoint an Agent who is located in (or is willing to travel to) the same jurisdiction as the property. Justine in Florida wants her son Chris in Ohio to sell Justine's condo in Florida. The Governing Law in this example is Florida.

*Note:  Different states have different rules and regulations.
Your Power of Attorney will be customized for the state you select.

In order to avoid any confusion, it is best to use your full legal name on legal documents.  

What is an agent? The person appointed by the principal and given authority to act for the principal, is called the agent or attorney-in-fact.

What qualifications does an agent need? The Agent must be a capable adult. The Agent cannot have an undischarged bankruptcy. The Agent should not be the owner, operator or employee of a nursing home or extended care facility in which the principal is a resident.

What qualities should I look for in an Agent? Your Agent must be someone whom you trust completely. In addition, remember that your Agent will have complete authority to deal with your financial and legal affairs (subject to any limitations or restrictions specified in your Power of Attorney). You should ensure that the person you choose has adequate financial management skills and sufficient time to handle your affairs properly. Your Agent must be available when required, be able to objectively make decisions and be able to keep accurate financial records.

What are the responsibilities of my Agent? Your Agent has the following responsibilities: to act in your best interest; to keep accurate records of dealings/transactions undertaken on your behalf; to act for you with the utmost good faith and to avoid situations where there is a conflict of interest; and to keep your property and money separate from their own.

How will your agents operate?

Agent Powers

Do you wish to grant your Agents General Authority? Required

What is meant by granting General Authority? By granting General Authority you are authorizing your Agent the ability to act for you in all areas, and to be able to do any act or thing that you could possibly do if you were yourself personally present. If you decide not to grant such authority, the next section will outline the specific areas in which you can grant your Agent the ability to act on your behalf.

This will grant your Agents authority to act for you in all areas, and to do any act or thing that you could do if personally present.

Select the powers you want to grant to your agent Required

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