Limited power of attorney is a document that allows an individual to specify a responsibility that can be handled by someone else. The document cancels itself either after the action has been completed or on a future date. The form can be written for handling any type of financial-related matter on behalf of the principal such as having access to mail/safety deposit boxes, bank accounts, retirement benefits, tax filing, or any other legal type of transaction. The form must be signed with at least two (2) witnesses present or with a notary public (including their seal on the bottom of the page).
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- West Virginia
What is a Limited Power of Attorney?
A Limited Power of Attorney grants a specific action or matter for the agent to carry out which typically does not have long-lasting power. The agent will have “limited” authority to act on behalf of the Principal.
A Limited Power of Attorney is also referred to as the following:
- Special Power of Attorney, Specific Power of Attorney, Limited POA/Limited P.O.A.
Types of situations to use a Limited Power of Attorney Form:
- Due to illness or absence, allowing your agent to sign a document or contract on your behalf.
- Grant a period of time for your agent to carry out personal or business operations.
A Limited or “Special” Power of Attorney grants one or more individuals (agent) specific guidelines of transactions to be made on your behalf (the principal); ensure you select a trusted agent to be appointed for the responsibility. The Limited Power of Attorney should specify the purpose(s) in detail. Providing regulations on transactions that cannot be executed will protect the principal. The Limited Power of Attorney can be authorized for a single transaction or provide a larger span of capacity. Common reasons for a Limited Power of Attorney are financial or real estate management, traveling out of the country, and to sign or obtain documentation on your behalf (i.e., Internal Revenue Service IRS, Social Security Administration SSA). However, some financial institutions or agencies may have additional legal forms required to complete the transaction.
When completing a transaction, if any other party is concerned, there will be an Indemnification Clause advising of the validity of the document. An indemnification clause can also protect the principal in the event the agent takes adverse action with the Limited Power of Attorney. For healthcare purposes, the Healthcare Insurance Portability and Accountability Act (HIPPA) may be added. A Limited Power of Attorney can be obtained online or with the assistance of legal counsel, witnesses may be needed and they are required to be legal adults. This is dependent on your state of residence. Of note, if moving to a new state you will need to consult with local attorneys to ensure the validity of the Limited Power of Attorney.
Unlike the traditional Power of Attorney, the duration of a Limited Power of Attorney is for a specified amount of time or upon completion of the defined task. The date will be documented and agreed upon or it can be repealed by the principal. Under certain circumstances, the Limited Power of Attorney will automatically become null. These include your death, the agent’s death, and you become mentally or physically incapacitated. In accordance with your state law, it can also be automatically revoked if the agent was the spouse and you have since become divorced.
What does the term Springing Mean?
Springing is defined as a Power of Attorney that “springs up” to life should an event trigger you to become incapacitated, whereas a Limited Power of Attorney takes effect upon it being signed (statutory default). Common reasons for obtaining a Springing Power of Attorney are, being overseas in the Military, financial management, and healthcare management. A clause can be added to a Springing Power of Attorney advising that at minimum, two medical practitioners make the determination that you are incapacitated but may create a delay in the implementation of the Springing Power of Attorney. An exact definition of incapacitation can be added for further protection and like a Limited Power of Attorney, exact requirements on how it should be utilized and when, can be added. This will prevent difficulties in the future of it being used as it will be utilized in the same form of a Durable Power of Attorney.
Revoking a Limited Power of Attorney
Upon death or incapacitation, your limited power of attorney form will be revoked automatically. There are mainly three different ways a Principal can revoke (cancel) their power of attorney. (1) Enter a revocation date into the form. Upon the specified date, the document will no longer be valid and your agent will no longer be able to act on stated powers. (2) When the agent’s action or responsibility has been completed, the limited power of attorney will cease to be valid. (3) The Principal may complete a Revocation of Power of Attorney Form at any time to cancel their limited power of attorney.
How to Write a Limited Power of Attorney
Step 1 – Basic Information of Principal and Agent
In the first (1st) portion of the document, the principal should enter their full name and social security number (SSN). Afterward, the attorney-in-fact’s full name including their address and telephone number (preferably their cell phone) should be written.
Step 2 – Powers
The principal should enter the details of what their agent is allowed to handle (up to three (3)). The principal should initial and state how the form may be revoked, whether it can be by a revocation being authorized, when the task or objective has been completed, and/or at a particular date. Each option that is selected must be initialed and the box must be checked.
Below enter the State of jurisdiction the attorney-in-fact will be performing his actions and the principal should sign the bottom of the page.
Step 3 – Revocation
A limited power of attorney will automatically be revoked upon death or incapacitation by default. Additionally, you need to explain how you want the powers to be revoked when you no longer need your agent to act on your behalf. Your Limited Power of Attorney can be revoked in the following ways:
- By the Principal at any time by authorizing a Revocation.
- When the stated Power has been completed.
- On a specified date.
Step 4 – State Law
Whichever state the Principal resides, should be the state entered into the document. The laws of your state will be the governing laws overseeing your limited power of attorney.
Step 5 – Acceptance of Appointment
The Acceptance of Appointment is required in some States for the attorney-in-fact to confirm their duties to act in accordance with the written document. The signature (along with the principal’s on the first (1st) page) should be authorized in front of either two (2) witnesses or a notary public (including their Seal).
Once complete the form may be used until the acts are complete or on an expiration date.
Step 6 – Witnesses
The Principal should obtain two witnesses to attest to the Principal’s signature as this step is a requirement in most states. Both witnesses must sign, print name, and give addresses.
Step 7 – Notary Public
Once the form has been completed by all parties, the Principal should bring their limited power of attorney form to their local Notary. A Notary can be found at your local bank and they will most often give their services for free or at a small charge.