![]() ![]() If you are buying or selling assets and do not wish to appear in person to close the transaction, you may take advantage of a power of attorney. Why would anyone give such sweeping authority to another person? One answer is convenience. However, your agent generally should not need to present the power of attorney when signing checks for you. Similarly, the agent has to present the power of attorney to a broker or banker to effect the sale of securities or opening and closing bank accounts. Similarly, an agent who signs documents to buy or sell real property on your behalf must present the power of attorney to the title company. For example, if another person is acting on your behalf to sell an automobile, the motor vehicles department generally will require that the power of attorney be presented before your agent's authority to sign the title will be honored. Often your agent must present the actual document to invoke the power. The person named in a power of attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid power of attorney, your agent can take any action permitted in the document. ![]() A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you. The latter is called a "springing" power of attorney. The power may take effect immediately, or only upon the occurrence of a future event, usually a determination that you are unable to act for yourself due to mental or physical disability. The power may give temporary or permanent authority to act on your behalf. The power may be limited to a particular activity, such as closing the sale of your home, or be general in its application. A power of attorney gives one or more persons the power to act on your behalf as your agent. A power of attorney is accepted in all states, but the rules and requirements differ from state to state. An important part of lifetime planning is the power of attorney.
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