Power of Attorney FAQs
	What are the differences between a LegalZoom Living Will vs. a LegalZoom Power of Attorney? What are the legal requirements that make a power of attorney legal and binding? What does “durable” in Durable Power of Attorney mean? When does the power of attorney take effect? Who should act as my power of attorney? I currently have a power of attorney that I wish to have canceled, and I would like to create a new power of attorney. Is this possible? My spouse and I would like to create a joint power of attorney. Do you provide this service? If I have a Will, do I need a power of attorney? What’s the difference between an Attorney-in-Fact and an Executor? What is the difference between a Springing Power of Attorney and a Durable Power of Attorney? Can I revoke my Power of Attorney? How? Do I have to give my Attorney-in-Fact power over everything? Can the person I make my attorney-in-fact create or change my will? Do you provide documentation services for financial power of attorneys? What are the differences between a LegalZoom Living Will vs. a LegalZoom Power of Attorney? A living will/healthcare power of attorney is for healthcare purposes only. A living will allows you to choose who will be your healthcare surrogate if you are unable to make decisions on your own behalf, whether or not you wish to be kept on life support, and whether or not you wish to donate your organs. A power of attorney is for financial and/or property-related purposes only. A power of attorney allows you to choose who will be your attorney-in-fact, and what powers your attorney-in-fact will handle on your behalf (i.e. real estate, banking, legal actions, etc.). What are the legal requirements that make a power of attorney legal and binding? There are only two primary requirements for a power of attorney. One is soundness of mind. The person signing the power of attorney cannot be mentally ill or disabled. In addition, the person must be acting on his or her own free will without undue influence from others. The other requirement is witnesses. In most states, you must have at least two people, not related to you or each other, witness you signing the power of attorney. Other than those two requirements, in some states, you must record the power of attorney with the county recorder’s office. Your LegalZoom power of attorney will come with final instructions specific to your state to make your document legally valid. What does “durable” in Durable Power of Attorney mean? The word “durable” in “Durable Power of Attorney” means that your power of attorney will be considered valid and legal even if you later become incapacitated. When does the power of attorney take effect? The power of attorney can take effect as soon as you have the document signed with all appropriate signatures. Alternately, you can specify the power of attorney will not go into effect unless a doctor certifies you have become incapacitated. This is called a “Springing” Power of Attorney. It allows you to keep control over your affairs unless and until you become incapacitated. Who should act as my power of attorney? You can grant any adult the power of attorney. However, the person to whom you grant the power of attorney should be someone you trust completely. The attorney-in-fact must always act in your best interests, maintain accurate records, keep your property separate from his or hers, and avoid conflicts of interest. You should not assume your spouse will automatically be legally allowed to manage your finances if you are unable to do so without a power of attorney. Your spouse does have some rights over property you own together, such as joint bank accounts. However, there are significant restrictions on selling property. Typically, both spouses must sign in order to sell property owned together. Because an incapacitated spouse cannot consent, transactions can be held up. I currently have a power of attorney that I wish to have canceled, and I would like to create a new power of attorney. Is this possible? By making a new power of attorney with LegalZoom, your old power of attorney is automatically null and void. My spouse and I would like to create a joint power of attorney. Do you provide this service? If you wish to create a joint power of attorney you would need a specialized family and estate planning attorney who would draft up a particular document for you. In most cases (even between couples), a power of attorney is drafted for an individual. Most couples who use our service choose to create a second power of attorney for their spouse. If I have a Will, do I need a power of attorney? A Will determines how your estate should be managed ONLY after your death. A durable power of attorney is needed for circumstances which take place while you are living. What’s the difference between an Attorney-in-Fact and an Executor? An attorney-in-fact of a power of attorney makes decisions for you when you are alive. An executor of a last will and testament makes decisions on behalf of your estate after your death. What is the difference between a Springing Power of Attorney and a Durable Power of Attorney? The difference has to do with when the power of attorney goes into effect. With LegalZoom, you may choose either (1) that your power of attorney will be effective immediately and will not be affected by any subsequent disability or incapacity (commonly referred to as a Durable Power of Attorney) or (2) that you do not wish to have your power of attorney go into effect until a doctor certifies that you have become incapacitated (what is commonly known as the “Springing” Power of Attorney). Can I revoke my Power of Attorney? How? Yes. You can revoke your power of attorney. LegalZoom documents include a clause regarding this matter. Do I have to give my Attorney-in-Fact power over everything? No. You do not have to give your attorney-in-fact power over everything. You can designate specific, limited powers to your attorney-in-fact. LegalZoom allows you to specify the powers you wish to delegate. Can the person I make my attorney-in-fact create or change my will? No. Your attorney-in-fact does not have the power to create or change your will. Do you provide documentation services for financial power of attorneys? Generally, most of our customers use a power of attorney for financial reasons. If the power exclusively deals with financial matters (i.e., bank account, trading stocks, buying, selling, leasing, etc.), it is considered a “financial power of attorney.” The LegalZoom form allows for this, but it is not specifically called such because the individual can customize the form. A financial power of attorney has specific language that includes all finance items, not just the ones an individual wants. Point of origin credit for this file is given to LegalZoom.com, Inc., a registered and bonded legal document assistant, #0104, Los Angeles County. LegalZoom.com is not a law firm and is not a substitute for the advice of an attorney.