Do-it-yourself power of attorney forms are legal as long as they satisfy state law, according to Legal Zoom. Each state has different laws regarding the creation of a durable power of attorney. Some states require a notary to attest to the person initiating the power of attorney's signature, called the principal, while others require witnesses to watch the principal sign. Fill-in-the-blank forms that the principal can use are readily available.Know More
A power of attorney legally gives a trusted person whom the principal chooses the power to act in his place, explains Nolo. This person is called the agent. A power of attorney needs to be durable for the agent to act in the principal's place if he becomes mentally incapacitated or unable to speak for himself. There are two types of durable power of attorney: medical and financial. Nolo explains that a medical power of attorney allows the agent to enforce the principal's wishes in all medical decisions. A financial power of attorney allows the agent to take care of the principal's financial affairs, including paying bills or managing investments.
Legal Zoom explains that the agent must act in the principal's best interests, keep records of all transactions and cannot enrich himself from the principal's assets. A durable power of attorney can be revoked by the principal at any time, assuming he is mentally competent and able to make his wishes known.
Durable financial power of attorney ends when the principal dies, explains Nolo. Therefore, the principal must have a will in addition to the power of attorney. The agent must either be the same person as the executor of the principal's will, or the agent and the executor must be able to work closely with each other. Nolo states that a medical power of attorney is usually executed with another medical directive called the "living will," and some states combine these two forms into one called an "advanced health care directive." The advanced health care directive covers all of the medical decisions that need to be made, including end-of-life care.Learn More
A legal affidavit is a printed or written statement prepared and signed by a witness or party before a court of law or some other authority that possesses the power to witness an oath. An affidavit has specific features and details that must be present, and must be in a form that is accepted by legal clerks, attorneys and prosecutors. Affidavits filed in court must be served to all parties.Full Answer >
ExpertLaw, the Missouri Bar Association and the Texas Medical Association all have free samples of medical power of attorney forms. Caring Connections has links to forms used for various states for medical power of attorney. The legal principle of medical power of attorney gives health care directives for doctors, nurses and loved ones in the event a patient becomes too sick to care for himself, according to Nolo.Full Answer >
A divorce can be finalized even if one spouse does not sign the divorce papers, according to Legal Zoom. Each state has specific laws and requirements for divorce.Full Answer >
The length of a probate varies according to state law. According to the State Bar of Wisconsin, the probate process can take up to two years or longer, depending on the size and specifics of the estate.Full Answer >