In loco parentis infers that the person or entity is standing in the role of the parent of a minor, without having gone through the formal adoption process.

The two people involved are designated as either the principal or the agent.” The principal is the person who designates that another person the agent is authorized to act on their behalf for whatever business the power of attorney permits. In most cases the agent is treated as if he or she is the principal in any transactions which the agent is authorized to conduct.

This document allows you to designate someone to make mental health care decisions for you in the future.
he Mental Health Power of Attorney allows you to designate another person your Agent to make mental health care decisions for you. You can also state preferences so your agent knows how best to fulfill your wishes.

If you wish to simply state your preferences for your mental health care treatment or want to state your preferences as well as designate an agent, use the Mental Health Declaration and Power of Attorney form.

This document is based on recently passed laws in Pennsylvania which has specifically defined a subset of powers of attorney that address mental health. As such, it is only officially recognized in Pennsylvania. In other states, it may still be used as a way to make sure your wishes are documented and will give you a better chance that your wishes are followed in the event that you are determined incapable.

This document allows you to revoke a Health Care Power of Attorney.

It is possible to revoke a Health Care Power of Attorney after it has been made by executing a new document or by using the Revocation of Health Care Power of Attorney document provided by this program.

Many states specify that an advance directive may be revoked at any time and in any manner. However, the best method is to provide a written, signed and dated revocation to the Agent and the appropriate health care providers.

Although other documents require a witness or notary, legal principles encourage the recognition of a revocation without the necessity of such formalities.

Note In many states, the revocation document may be considered ineffective until your agent and/or physician have been notified of the revocation.

This document allows you to revoke an Advance Health Care Directive.

It is possible to revoke an advance directive by executing a new advance directive or by using the Revocation of Advance Health Care Directive document provided by this program.
Many states specify that an advance directive may be revoked at any time and in any manner. However, the best method is to provide a written, signed and dated revocation to the Agent if any and the appropriate health care providers.

This Power of Attorney for Minor Children can be used by a parent or guardian to temporarily assign their parental or guardian rights, with certain limitations, to another individual. This type of Power of Attorney is typically used by parents who are forced to leave their children in the care of another individual for an extended period of time.

A Power of Attorney for Minor Children can be used by a parent or guardian to assign their rights and responsibilities to their minor children for a period of time. Most states restrict the length of time a Power of Attorney for Minor Children can be in effect to a maximum of six 6 months. If the appointment is needed longer than six 6 months, a new Power of Attorney can be executed or you can consider permanent guardianship proceedings.

This document is perfect for parents planning a vacation away from their children. Signing a Power of Attorney prior to leaving for vacation will provide peace of mind knowing the caretakers will have full authority to handle any matter that may arise in your absence. A parent or guardian should strongly consider preparing a Power of Attorney for Minor Children for even the short weekend trips away from their children to ensure their children are not deprived of the care they require.

This is a statutory form, that is, it is provided in the New Mexico Statutes Annotated. By using this form, you can create a general, limited, or durable Power of Attorney. This form allows you to appoint an attorneyinfact agent to make decisions regarding property, financial, business, insurance or other matters for you. This is a durable power of attorney, meaning that the agent's authority isn't terminated by your incapacity or disability. However, you may make the form nondurable by specifying that it will terminate upon your incapacity or disability in the Special Instructions section.

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This General Durable Power of Attorney for Property and Finances Effective upon Disability form is a general, durable power of attorney which is effective ONLY upon the principal's disability, incompetency or incapacity. You can use this form to appoint an attorneyinfact agent to make decisions regarding property, financial, management, banking, business and other matters for you. The powers granted to an Agent in this Power of Attorney are very broad, but do NOT provide for health care services.

Law Summary Michigan General Durable Power of Attorney for Property and Finances Effective Immediately

STATUTORY REFERENCE
ALL REFERENCES ARE TO THE MICHIGAN COMPILED LAWS
GENERAL DURABLE POWER OF ATTORNEY
700.5501 through 400.5520

A durable power of attorney is a power of attorney by which a principal designates another as the principal's attorney in fact in writing. The writing must contain the words This power of attorney is not affected by the principal's subsequent disability or incapacity, or by the lapse of time. This power of attorney is effective upon the disability or incapacity of the principal or similar words showing the principal's intent that the authority conferred is exercisable notwithstanding the principal's subsequent disability or incapacity.

Acts done by an attorney in fact under a durable power of attorney during a period of disability or incapacity of the principal has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal were competent and not disabled. Unless the instrument states a termination time, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.

If a court of the principal's domicile appoints a conservator, estate guardian, or other fiduciary charged with the management of all of the principal's property or all of his or her property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he or she were not disabled or incapacitated.

A principal may nominate the conservator, guardian of his or her estate, or guardian of his or her person for consideration by the court if a protective proceeding for the principal's person or estate is commenced after execution of the power of attorney. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.

The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the principal's death, acts in good faith under the power.

The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person who, without actual knowledge of the principal's disability or incapacity, acts in good faith under the power.

If an attorney in fact acts in good faith reliance on a power of attorney, durable or otherwise, and executes a sworn statement stating that, at the time of the action, the attorney in fact did not have actual knowledge of the principal's death, disability, or incapacity or of the power's termination by revocation, the sworn statement is, in the absence of fraud, conclusive proof of the power's nontermination or nonrevocation.

If the exercise of the power of attorney requires execution and delivery of an instrument that is recordable, the sworn statement when authenticated for record is also recordable.

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This form is a durable power of attorney. The form provides that the agent of the principal is only authorized to use the principal's funds for the best interest of the principal. If the agent fails to comply with principal's instructions, the agent then may be liable for criminal charges or civil liability.

Law Summary Arizona Durable Power of Attorney

ARIZONA LAW SUMMARIES
DURABLE POWER OF ATTORNEY
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE ARIZONA REVISED STATUTES
Durable Power of Attorney; Creation; Validity
145501 through 145507
145501. Durable power of attorney; creation; validity

A. A durable power of attorney is a written instrument by which a principal designates another person as the principal's agent. The instrument shall contain words that demonstrate the principal's intent that the authority conferred in the durable power of attorney may be exercised

1. If the principal is subsequently disabled or incapacitated.

2. Regardless of how much time has elapsed, unless the instrument states a definite termination time.

B. The written instrument may demonstrate the principal's intent required by subsection A of this section using either of the following statements or similar language

1. This power of attorney is not affected by subsequent disability or incapacity of the principal or lapse of time.

2. This power of attorney is effective on the disability or incapacity of the principal.

C. A power of attorney executed in another jurisdiction of the United States is valid in this state if the power of attorney was validly executed in the jurisdiction in which it was created.

D. From and after August 1, 1998, except as provided in section 28370, an adult, known as the principal, may designate another adult, known as the agent, to make financial decisions on the principal's behalf by executing a written power of attorney that satisfies all of the following requirements

1. Contains language that clearly indicates that the principal intends to create a power of attorney and clearly identifies the agent.

2. Is signed or marked by the principal or signed in the principal's name by some other individual in the principal's conscious presence and at the principal's direction.

3. Is witnessed by a person other than the agent, the agent's spouse, the agent's children or the notary public.

4. Is executed and attested by its acknowledgment by the principal and by an affidavit of the witness before notary public and evidenced by the notary public's certificate, under official seal. See Form.

145502. Effect of lapse of time, disability or incapacity

All acts done by an agent pursuant to a durable power of attorney during any period of disability or incapacity of the principal has the same effect and inures to the benefit of and binds the principal and the principal's successors in interest as if the principal were not incapacitated or disabled.

145503. Relation of agent to court appointed fiduciary

A. If, following execution of a durable power of attorney, a court of the principal's domicile appoints any conservator or other fiduciary charged with the management of all of the principal's property or all of the principal's property except for specified exclusions, the agent is accountable to the court appointed fiduciary as well as to the principal. The court appointed fiduciary has the same power to revoke or amend the power of attorney that the principal would have if the principal were not disabled or incapacitated.

B. A principal may nominate, by a durable power of attorney, the conservator or the guardian of the principal for consideration by the court if protective proceedings for the principal or estate are commenced.

145504. Revocation; termination; effect; notice

A. The death of a principal who has executed a durable power of attorney does not revoke or terminate the agency as to the agent or other person who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action taken in good faith pursuant to this subsection, unless otherwise invalid or unenforceable, binds successors in interest of the principal.

B. The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the agent or other person who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action taken in good faith pursuant to this subsection, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.

145505. Continuance of durable powers of attorney by affidavit

A. An affidavit executed by the agent under a durable power of attorney stating that the agent did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal's death creates, in the absence of fraud, a rebuttable presumption of the nonrevocation or nontermination of the power at that time.

B. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for purposes of recording is also recordable.

C. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.

145506. Powers of attorney; best interest; intimidation; deception; definitions

A. Except as provided in subsection B of this section, an agent shall use the principal's money, property or other assets only in the principal's best interest and the agent shall not use the principal's money, property or other assets for the agent's benefit. An agent who violates this subsection is subject to prosecution under title 13 and civil penalties pursuant to section 46456.

B. Any authority, the use of which is not in the principal's best interest or is for the agent's benefit including contracted for commissions, fees or other compensation shall be specifically identified in detail within the instrument or a written contract signed by the principal that is specifically identified by the instrument and be separately initialed by the principal and the witness at the time of execution.

C. If the agent acted with intimidation or deception as defined in section 46456 in procuring the power of attorney or any authority provided in the power of attorney, the agent is subject to prosecution under title 13 and civil penalties pursuant to section 46456.

D. A power of attorney executed by an adult who does not have capacity is invalid. In a criminal proceeding, the agent has the burden of proving by clear and convincing evidence that the principal had capacity. In a civil proceeding, if the party challenging the validity of a power of attorney on the grounds of lack of capacity proves by a preponderance of the evidence that, at the time the power of attorney was executed the principal was a vulnerable adult, the agent has the burden of proving by clear and convincing evidence that the principal had capacity. In a civil proceeding if the party challenging the validity of a power of attorney on the basis of lack of capacity does not prove by a preponderance of the evidence that, at the time the power of attorney was executed, the principal was a vulnerable adult, the agent has the burden of proving by a preponderance of the evidence that the principal had capacity.

E. A person who in good faith either assists or deals with an agent is protected as if the agent properly exercised the agent's power regardless of whether the authority of that person as the agent has been terminated.

F. For purposes of this section

1. Best interest means the agent acts solely for the principal's benefit.

2. Capacity means that at the time the power of attorney was executed the principal was capable of understanding in a reasonable manner the nature and effect of the act of executing and granting the power of attorney.

3. Vulnerable adult has the same meaning prescribed in section 46451.

145507. Applicability of article

This article does not apply to health care directives that are validly executed under section 363221 and does not establish authority under a durable power of attorney for the purposes of health care decision making.

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This Power of Attorney for Real Estate Transaction form is for a Purchaser to authorize an attorneyinfact to execute all documents and do all things necessary to purchase a particular parcel of real estate for purchaser, including loan documents. This form must be signed and notarized.

Law Summary Virginia Special or Limited Power of Attorney for Real Estate Purchase Transaction by Purchaser

VIRGINIA LAW SUMMARY
SPECIAL POWER OF ATTORNEY FOR CLOSING REAL ESTATE TRANSACTION

A special power of attorney allows the principal to give only specific powers to the attorneyinfact/agent. The special power of attorney is used to allow the attorneyinfact/agent to handle specific matters when the principal is unavailable or unable to do so. The power of attorney cannot be revoked until notice is given. Therefore, if the principal wishes to revoke the power of attorney he/she should send a written notice of revocation to the acting attorneyinfact/agent and to all third parties relying on the authority of the acting attorneyinfact/agent.
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This Power of Attorney for Real Estate Transaction form is for a Purchaser to authorize an attorneyinfact to execute all documents and do all things necessary to purchase a particular parcel of real estate for purchaser, including loan documents. This form must be signed and notarized.

Law Summary Texas Special or Limited Power of Attorney for Real Estate Purchase Transaction by Purchaser

TEXAS LAW SUMMARY
SPECIAL POWER OF ATTORNEY FOR CLOSING REAL ESTATE TRANSACTION

A special power of attorney allows the principal to give only specific powers to the attorneyinfact/agent. The special power of attorney is used to allow the attorneyinfact/agent to handle specific matters when the principal is unavailable or unable to do so. The power of attorney cannot be revoked until notice is given. Therefore, if the principal wishes to revoke the power of attorney he/she should send a written notice of revocation to the acting attorneyinfact/agent and to all third parties relying on the authority of the acting attorneyinfact/agent.
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This Special or Limited Power of Attorney for Real Estate Sales Transaction By Seller form is for a Seller to authorize an attorneyinfact to execute all documents and do all things necessary to convey a particular parcel of real estate for Seller.

Law Summary Oregon Special or Limited Power of Attorney for Real Estate Sales Transaction By Seller

OREGON LAW SUMMARIES
SPECIAL POWER OF ATTORNEY FOR CLOSING REAL ESTATE TRANSACTION

A special power of attorney allows the principal to give only specific powers to the attorneyinfact/agent. The special power of attorney is used to allow the attorneyinfact/agent to handle specific matters when the principal is unavailable or unable to do so. The power of attorney cannot be revoked until notice is given. Therefore, if the principal wishes to revoke the power of attorney he/she should send a written notice of revocation to the acting attorneyinfact/agent and to all third parties relying on the authority of the acting attorneyinfact/agent.
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This is a limited power of attorney for Oklahoma. You specify the powers you desire to give to your agent. Sample powers are attached to the form for illustration only and should be deleted after you complete the form with the powers you desire. The form contains an acknowledgment in the event the form is to be recorded.

Law Summary Oklahoma Limited Power of Attorney where you Specify Powers with Sample Powers Included

OKLAHOMA LAW SUMMARIES
LIMITED POWER OF ATTORNEY

A limited power of attorney allows the principal to give only specific powers to the attorneyinfact/agent. The limited power of attorney is used to allow the attorneyinfact/agent to handle specific matters when the principal is unavailable or unable to do so. The power of attorney cannot be revoked until notice is given. Therefore, if the principal wishes to revoke the power of attorney he/she should send a written notice of revocation to the acting attorneyinfact/agent and to all third parties relying on the authority of the acting attorneyinfact/agent.
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This Power of Attorney is a form which provides the appointment of an attorneyinfact for the care of a child or children, including health care. This Power of Attorney form requires the signature of the person giving another the power of attorney to be notarized.

Law Summary Texas General Power of Attorney for Care and Custody of Child

POWER OF ATTORNEYCARE AND CUSTODY OF A CHILD OR CHILDREN

A power of attorney over a child is a document signed and notarized by a parent giving a nonparent authority to make decisions for a minor child. The power of attorney is typically used by a parent who is unavailable for a period of time and wants to grant authority to another person over their child.

The power of attorney can be used to authorize the person to obtain medical treatment for a child, to sign up a child for an activity, or for other significant decisions. The parent may also limit the purpose of the power of attorney to something very specific.

The parent granting the power of attorney can withdraw revoke the power at any time, even before the expiration date of the power of attorney. It is best that the withdrawal be in writing. The parent withdrawing the power must be sure to fill out a revocation form and deliver it to the person granted the power of attorney. The withdrawal is effective immediately upon delivery.

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