General power of attorney: what it covers and when it ends

General, durable, limited and springing

What a general power of attorney covers

• Opening, closing and managing bank accounts.
• Paying bills, rent and taxes.
• Signing contracts and receiving payments.
• Buying, selling, renting and managing property.
• Dealing with insurance companies and government agencies.
• Hiring professionals such as accountants or lawyers.
• Running the day-to-day of a business.

Some acts usually need express wording, even in a general power. Making gifts, changing beneficiaries and creating trusts are the common examples.

What a general power of attorney cannot do

• Make or change your will.
• Vote in an election on your behalf.
• Make medical decisions, which need a medical power of attorney.
• Act after your death, when the executor takes over.
• Act against your interest or for the agent own benefit without permission.

When a general power is the right choice

A general power fits when you are healthy and need someone to act while you are away or busy. A person working abroad for a year is the classic case.

For long-term planning, choose a durable power of attorney. It keeps working if you lose capacity, which a plain general power does not.

How to make a general power of attorney

1. 1Choose your agent and a successor agent.
2. 2Decide if it should be durable and add the wording if so.
3. 3List the powers, or grant all lawful powers and list the exceptions.
4. 4Set a start date and, if you want one, an end date.
5. 5Sign it the way your state asks, often before a notary.
6. 6Give copies to your agent and the institutions that will rely on it.

The first clauses of a general power of attorney

1. 1Appointment. I, [principal name], residing at [address], appoint [agent name], residing at [address], as my attorney-in-fact.
2. 2Powers. My attorney-in-fact may act for me in all matters in which I could act, including banking, real estate, contracts, taxes and claims, except as I state below.
3. 3Exceptions. My attorney-in-fact may not [list any acts you exclude].
4. 4Term. This power of attorney begins on [date] and ends on [date or event], unless I revoke it earlier.

Use the general power of attorney form with every clause written.

Third parties and your power of attorney

Banks, title companies and agencies decide whether to accept the document. A notarized power with a recent date and clear powers is accepted more often.

Ask each institution ahead of time if it has its own form or wants a certification from the agent. It saves a second trip.

How to sign a general power of attorney online

Upload a general power of attorney to SignSolú or start from a template. Add each signer with a name and a phone number or email.

Each signer gets a link by WhatsApp or email. On a phone they tap the brown bar at the bottom that says «Sign as …».

They draw their signature once with a finger and press «Sign and Send». Every place in the document that needs it gets filled.

A line next to that button records their consent to sign electronically, with a link to the disclosure.

The signed PDF ends with an audit certificate. It shows each signer, the time, the IP address and a SHA-256 hash of the file.

Some offices only take their own PDF form. Fill out a PDF form online for free, with nothing uploaded.

Many states ask for a notary on a power of attorney that covers money or property. Some accept remote online notarization. Check your state form before you sign.

Ending a general power of attorney

It ends on the end date, at your incapacity if it is not durable, at your death or when you revoke it. Use a revocation form and tell everyone who has a copy.

Power of attorney terms in plain words

• Principal. The person who gives the power.
• Agent or attorney-in-fact. The person who receives it and acts.
• Durable. It keeps working if the principal loses capacity.
• Springing. It starts only when a named event happens.
• Incapacity. The principal cannot understand or communicate decisions, usually as a doctor certifies.
• Fiduciary. Someone who must act in the other person interest, not their own.
• Statutory form. A form written into state law that institutions are used to seeing.
• Acknowledgment. The notary block where the principal confirms the signature is theirs.
• Revocation. The signed document that cancels a power of attorney.

Common mistakes

1. 1Assuming «general» means forever. Without durable wording it stops at incapacity.
2. 2Granting everything without exceptions. Think about gifts and changes to beneficiaries.
3. 3No end date for a temporary need. A power for one trip should end when you come back.
4. 4Not telling the bank. The agent finds out at the counter that the bank wants its own form.

An example

Sarah accepts a one-year job overseas. She signs a general power of attorney naming her partner, from March 1 to March 31 of the next year.

Her partner renews the car registration, files her taxes and signs a new lease for her storage unit. When Sarah returns, the power ends on its own date.

People also ask

Is a photocopy of a power of attorney valid?

Some institutions accept a copy, others want the original or a certified copy. Keep the original safe and order certified copies if several places need one.

Do banks accept a general power of attorney?

Many do, after reviewing it. A notarized document with a recent date and a clear banking power is accepted more often. Some banks still ask for their own form.

Can a general power of attorney sign checks?

Yes, if banking powers are included and the bank accepts the document. The agent signs with their own name, adding that they sign as attorney-in-fact for the principal.

What is the difference between general and limited power of attorney?

A general power covers many matters. A limited power covers one task or a short list, and usually ends when that task is done.

Does a general power of attorney need to be recorded?

Not usually. It is recorded with the county only when the agent will sign deeds or other documents about real estate.

Can my agent use a general power of attorney at the DMV?

Many motor vehicle offices ask for their own vehicle power of attorney form. A general power may or may not be accepted, so ask first.

Can a general power of attorney be used in another country?

Often only with extra steps, like an apostille and a translation. A power for a foreign country is best written for that country rules.

Does my agent have to accept the role?

No. An agent can decline or resign. That is why naming a successor agent is worth it.

Can I still act for myself after signing one?

Yes. A power of attorney adds a person who can act. It does not take away your own right to decide while you have capacity.

What is a general power of attorney used for?

For managing money, property and contracts while the principal is away, busy or prefers someone else to handle them.

Is a general power of attorney valid after death?

No. Every power of attorney ends at death. The executor of the estate takes over.

Which is better, general or durable power of attorney?

Durable for long-term planning, because it survives incapacity. General for a temporary need while you are healthy.

Can a general power of attorney be revoked?

Yes, at any time while you have capacity. Sign a revocation and tell everyone who has a copy.

Forms to use now

• General power of attorney form
• Durable power of attorney form
• Power of attorney form
• Power of attorney revocation form

Sources

• Legal Information Institute, Cornell Law School, «power of attorney»
• ESIGN Act, 15 U.S.C. 7001, on govinfo.gov