Is it possible to have a POA document with specific exclusions? 15 Answers as of May 21, 2013

Are there simple pre-made forms online that I could use as a basis for constructing my own POA? I would like to know more about how to word the document since I am withholding certain appointed powers from my agent (anything mental health-related) and I’m not sure how to indicate this on the form.

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Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
Yes it is possible to draft a Power of Attorney ("POA") and limit the powers of the agent. This applies to both general POA's as well as healthcare POA's. There are forms online that use could use as a basis for drafting your own POA. However, I would be cautious in using a form you find online as it may not comply with the Nebraska's requirements. There are some POA forms contained within Nebraska statutes: Nebraska Revised Statute 30-4041 for property; and Nebraska Revised Statute 30-3408 for healthcare. In drafting your POA, you need to make sure you are only giving your agent those powers that you want him or her to have. In addition, choose your agent with care. By giving a POA you are giving another person a lot of responsibility and authority by permitting them to make important decisions for you. You may want to consult with an attorney before giving the POA to another person. The attorney can review it to make sure it complies with Nebraska law and that it only does what you want it to do.
Answer Applies to: Nebraska
Replied: 10/24/2012
David F. Stoddard
David F. Stoddard | David F. Stoddard
There probably are forms available online. Most attorneys charge $150.00 or less to prepare a power of attorney. If you cannot figure out the language for what you are trying to do, perhaps you should let an attorney do it. I cannot give you the specific language you need because you haven't told me what your trying to do, what things you want the appointed attorney to do. If you find a form that is satisfactory to you, take out any language that would appear to give the appointed attorney authority to make decisions related to mental health, and add language to the effect "My attorney in fact " (or whatever term is used in the form to identify the agent) "shall have no authority to make decisions regarding my mental health care". Incidentally, sometime it is good to have an attorney do your POA because there may be bad consequences from the powers that you want to include or exclude that you do not foresee. Often, a client comes in telling me what they want n their will or in their POA and I am able to show them that what they think they want is a mistake!
Answer Applies to: South Carolina
Replied: 10/18/2012
Danville Law Group | Scott Jordan
I do not recommend you use any pre-made powers of attorney, since they are meant to be one-size-fits-all. The POA you are describing is a Power of Attorney for Financial Management which is usually limited to just financial matters. There are specific POA's for health care matters, sometimes referred to as a "Living Will".
Answer Applies to: California
Replied: 10/18/2012
Stephens Gourley & Bywater | David A. Stephens
Yes.
Answer Applies to: Nevada
Replied: 5/21/2013
Richard E. Damon, PC | Richard E. Damon
Yes you can have anything you want in the POA.
Answer Applies to: California
Replied: 10/17/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Your power of attorney can include anything or exclude anything as long as it does not violate the law. I don't know what you are trying to do, but a POA is a simple document and the fee for drafting will be small. Suggest you see a lawyer and do it right. someday I will tell you of the Charlotte lady, concerned that her wealthy husband died without a will, decided to have a will. In fact she had 6. Some dated. Some not. Some on notebook paper. One or 2 on the backs of envelopes.l all were different. Last I heard her heirs had been to the court of appeals several times. Is there a message here for you who are trying to do things yourself?
    Answer Applies to: North Carolina
    Replied: 10/17/2012
    Victor Varga | Victor Varga
    Yes, but you should use an attorney to ensure compliance with the law, and that your exclusions will be enforceable.
    Answer Applies to: Maryland
    Replied: 10/17/2012
    Gates' Law, PLLC | Thomas E. Gates
    A Power of Attorney can give authority over a wide range of activities or one that only gives a limited purpose, such as selling a home. In simple language define what the person can and cannot do. Also, specify when the powers take effect.
    Answer Applies to: Washington
    Replied: 10/17/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    There are basically two (2) major types of Powers of Attorney. One is called a General power, which imparts to the Attorney all the authority and responsibility of acting, as if the Attorney WAS the person who granted the power. The other one is called a Limited power of attorney. The Limited Power of Attorney can be limited in any way that the grantor wants to do so. For example, let us say that a husband and wife want to buy, or to sell, a house, and the husband (or the wife) will be out of town on business at the time of the closing. The absent spouse can execute a limited power of attorney which grants to the remaining spouse the power to sign all closing documents, and deposit any money, just as if the absent spouse was there, however, no other powers are being granted.
    Answer Applies to: Michigan
    Replied: 10/17/2012
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    I would consult with an attorney about the specifics you desire to be included and excluded. The attorney can then draft a POA to meet your needs.
    Answer Applies to: Missouri
    Replied: 10/17/2012
    Dwyer, Black & Lyle, LLP
    Dwyer, Black & Lyle, LLP | Kevin Habberfield
    On the typical form you can choose certain powers you want to give your trusted fiduciary so you can limit the person to specific things. I believe there is also a section "Other" that you can write in what you want them to be able to do. Good luck.
    Answer Applies to: New York
    Replied: 10/17/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    That's an easy one: yes, you can have a limited power of attorney. There are a couple of on-line services that provide this, in New York there is an official web site for the Office of Court Administration and you might check out your local law library for form books.
    Answer Applies to: New York
    Replied: 10/17/2012
    Mike Yeksavich | Mike Yeksavich
    If you use on line legal forms to save a buck you may be making a big mistake.
    Answer Applies to: Oklahoma
    Replied: 10/17/2012
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    You can buy a POA form at Office Depot or Office Max and custom tailor it to your liking.
    Answer Applies to: Florida
    Replied: 10/17/2012
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