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Legal Help
updated: Jan 17, 2012, 8:07 PM

I need guidance on putting together a basic power of attorney for myself to allow a family member power of attorney while I am in a study abroad program. Can I do this myself? For free or is there a low-cost alternative. Thanks to anyone who has some sound advice.


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 COMMENT 249516 agree helpful negative off topic

2012-01-17 08:38 PM

Legal Zoom. com is a good place. It's a do-it-yourself, so I'm sure they don't charge very much for the forms. Also, if you go online, I'm sure you can find a power of attorney form , for you to fill out and print. Also, notify the banks that you will be out of the country. And, make sure you put an "end" date on your documents. You might have to get the POA notarized, but I'm not sure. When my daughter left the country, we added my name to her savings account, so I could easily transfer money for her.

 

 COMMENT 249517 agree helpful negative off topic

2012-01-17 08:39 PM

Go online to get a POA form, general or specific, Designate your POA--family member-or anyone you trust. You must have your signature notarized. To be effective, it should be recorded at the County Recorders office. Also please note, that a POA dies with the a person, so you might want to get some other questions answered in this regard.

I hope this helps--a little.

 

 COMMENT 249528P agree helpful negative off topic

2012-01-17 10:04 PM

NOLO Press is a very reputable site for self help law, link Write "power of attorney" in the search line.

 

 COMMENT 249538P agree helpful negative off topic

2012-01-18 05:59 AM

517 is correct. Download a POA form. After signing, get it notarized. I had POA for my children when they studied and worked abroad. The notarized POA (it was not recorded with the County) was accepted by the banks and the IRS without question.

 

 COMMENT 249578 agree helpful negative off topic

2012-01-18 08:04 AM

Even when a power of attorney document has been notarized, it's not uncommon for many financial institutions to refuse to honor it.

 

 EDHATBARBARA agree helpful negative off topic

2012-01-18 08:47 AM

As a notary, I have to say that you shouldn't sign anything and then try to get it notarized. You must personally appear before the notary and sign in front of him or her.

As for the POA, record it only if your agent will be dealing with real property in your stead.

If you want to use your POA for a specific purpose, such as handling banking at a particular bank, you should contact the bank and find out whether they have a specific form that it prefers be used, then use it.

A general power of attorney is a powerful document. Be careful about what authority you transfer. Simply filling out a form doesn't inform you of what it is you are doing.

In California, the law changed about a year ago and those who accept the position of attorney-in-fact for another take on additional personal liability for the acts they take when serving in that capacity. It is dangerous these days to be an attorney-in-fact, particularly an under informed one.

 

 COMMENT 249608 agree helpful negative off topic

2012-01-18 09:22 AM

Your local, low cost resource is Legal Docs by ME (from the founders of We The People)

available at Marketing Express
3887 State St ~~ 682.1111

 

 COMMENT 249629 agree helpful negative off topic

2012-01-18 10:00 AM

I agree about going to Marketing Express. They did a Power of Attorney for us and only charged $49.00. It was great.

 

 COMMENT 249646 agree helpful negative off topic

2012-01-18 10:43 AM

I work in study abroad and we advise our students to get the Power of Attorney notarized. Barbara is correct that you must appear in person in front of the notary and then sign it. Do not sign it in advance. Many notaries will notarize the POA for $10-25, which is less than any legal office. There are several notaries on the UCSB campus, and probably several at SBCC as well. This document should be treated carefully by you and the person who will be your attorney-in-fact, because it is a legally binding document. Most banks will accept the form with a notary's seal without question.

 

 

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