A power of attorney allows someone else to act on your behalf, especially when you can't do it yourself. You may need the help of others, for example to complete financial, legal or medical matters. A properly crafted power of attorney allows someone else to do it for you.
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Part 1 of 4: Preparing to Write a Power of Attorney
Step 1. Understand the purpose of making a power of attorney
A power of attorney allows someone to act on your behalf in certain matters. This letter is usually used when the person who gives the power of attorney (the letter writer) cannot do this himself. Some examples of situations that require a power of attorney include:
- Parents or guardians can authorize the social service to take medical action against children under their supervision.
- Providing power of attorney to minors who are not traveling with their parents or guardians is highly recommended. That way, minors will be protected from human trafficking and child custody issues.
- If you deposit money at a local bank that you cannot easily reach, you may need to create a power of attorney to take care of matters relating to the deposit or the financial institution.
- Power of attorney that allows personal information such as medical history to be disclosed.
- You may have to provide a power of attorney to a third party to take care of very fast financial transactions. Not all business transactions have to wait for your decision, if for a while you can't make that decision directly, you can give a power of attorney to someone you trust so he can make decisions in your place.
Step 2. Understand the different parties involved in the power of attorney
There are three parties involved in the power of attorney. The first party is an authorized person, such as a parent or bank account holder. The second party is the person or group that carries out the transaction or takes action, such as a financial institution or hospital. The third party is the person who is authorized to replace the first party. The power of attorney must be addressed to a second party.
- The power of attorney must explain the rights granted to the third party to represent you.
- If the second party is unknown (especially in the case of a power of attorney granted for an emergency), you should write the purpose in the letter "To all interested parties."
Step 3. Type your power of attorney, rather than writing it by hand
A handwritten letter may be difficult to read, and may not appear as formal as a typed letter. A power of attorney is an important document that transfers your legal and financial power to someone else. This letter must be made in accordance with the inspection standards. If someone close to you denies the power of attorney granted to the letter holder, this document can be used as evidence in court.
Part 2 of 4: Making Letterheads
Step 1. Write your name and address at the top left of the mailing page
Follow the standard format for writing a formal letter. Your name should be on the first line, your street name should be on the second line, and your city, state, and postal code should be on the third line. The spacing between the lines of this section (including any other lines that follow it) must be in one space.
Step 2. Include the date the letter was created
After writing down your name and address, leave one line blank, and include the date the letter was written on the next line. Write down the full date (such as February 2, 2015). Don't abbreviate the date.
Step 3. Write the recipient's name and address in the next section
Leave one line blank between the date and the recipient's name and address. The recipient's personal data must be written in the same format as your personal data.
- Note that the recipient of the letter is not the same as the person you authorize. You authorize a third party (representative) to act in your stead, but your letter must be addressed to a second party (the party you deal with or your representative).
- You may have to leave this section blank if you do not know who you will be dealing with. For example, if you authorize social services to decide on medical treatment in your absence, you may not know which hospital to deal with them.
Part 3 of 4: Writing the Contents of the Letter
Step 1. Write a greeting
Include the recipient's full name along with his title, such as "Dr." or "Father", "Mother", instead of writing down his first name right away. A greeting that you can use is "Sincerely," or some other formal greeting instead of just "For."
- Include the recipient's full name and title.
- If you don't know who your representative will be dealing with directly, just write "To all interested parties".
Step 2. Write your power of attorney briefly and clearly
The power of attorney is long and contains a lot of information that can be interpreted differently. Letters that are short and straightforward usually rarely lead to misunderstandings.
Step 3. Clearly state the rights of the party you authorize
Be sure to make the power of attorney short and clear. You must state the rights you are granted. For example, your representative has the right to authorize medical treatment, sign legal documents during your absence, or withdraw funds from your account. For example, start your power of attorney with:
- I, (write your full name), hereby authorize (write down the name of your representative) to disclose the following data: (write down the health record which will be opened here) from my medical history to (write down the institution that will receive your health record)).
- Provide information related to your power of attorney. If your power of attorney relates to the disclosure of your health data, include your policy number and insurance claim information. If you need legal assistance, include your case number. For financial matters, include the account information used.
Step 4. List the timeframe for the authorization
Specify the effective date of your power of attorney. Include the start and end date of the power of attorney. For example, you could write "A third party has the right to make medical decisions for my child during his stay at (insert address) from September 1, 2015 to September 15, 2015".
In certain cases, you may not be able to determine the exact date of the power of attorney, such as in an emergency. For a power of attorney like this, you could write "In an emergency, a third party can make decisions on my behalf for 30 days."
Step 5. Explain the reason for the authorization
Explain why your action should be replaced by someone else. This description may include your health condition, that you are out of town, or that you cannot be reached for a certain period of time.
Step 6. Write down the power of attorney
You may also need to explain things that third parties cannot decide. For example, you can state that third parties may not use your health data for purposes other than those stated in the letter. Or you could write that a third party cannot make certain financial decisions on your behalf without your prior written consent.
Step 7. Close the letter
End the letter with a closing sentence such as "Sincerely." Leave the four lines blank, which you will use to sign, then write your full name.
Part 4 of 4: Completing Letters
Step 1. Format the letter correctly
A power of attorney is an official letter that must be written and formally formatted. Formal letters usually use a straight format. The body of the letter must be spaced one space apart, and the paragraphs must not be indented. To separate between sections or between paragraphs of a letter, leave one blank line.
Step 2. Find someone to be a witness, or ask a public notary for help
A witness is someone who witnessed you signing a power of attorney. That way, you can be sure you didn't sign it under duress, and make sure that it was you who gave the authorization. In some cases, the power of attorney should be certified by a public notary. A notary is a person who is authorized by the government to ratify legal documents.
All persons whose names are listed in the letter may not be used as witnesses
Step 3. Sign the letter
Print the letter and sign it in blue or black ink. You might also include a date line next to your signature. If so, include the date you signed the document.
Ask your witness to sign and write the date on the letter, or ask a public notary to certify it
Step 4. Provide the original letter to the third party
In most cases, this letter will be kept by a third party so that he/she has a record of the authorization granted. A third party can show the letter to immigration officials, for example, when traveling abroad with your child.
Step 5. Save a copy of the power of attorney
Be sure to keep a copy of the power of attorney in your file. You may need to show it again if the power you give to a third party is questioned.
