A minimum of one (1) power needs to be selected. The principal can grant their agent up to four (4) powers regarding the property in question. ![]() The following information should be entered into the applicable fields by the principal: The eight (8) fields found at the top of the first (1st) page are used for identifying the principal and the agent. Title 18, Chapter 12, Subchapter 5 and § 28-68-204ĭownload: PDF, Word (.docx), OpenDocumentĭownload: PDF, Word (.docx), OpenDocument Step 1 – Principal + Agent The principal should then make copies of the form and personally deliver the POA to recipients, or give the agent a copy to display as necessary. However, proceeding with notarization regardless of what is required is recommended to ensure it is accepted by whoever it is presented to. Depending on the state, it may also need to be notarized. The principal will then need to sign the form. Step 3 – Sign & DistributeĪt this point, the agent will have accepted their nomination, understand exactly what is required of them, and be prepared to carry out their assigned duties. Likewise, the principal should choose an experienced property manager or management company if they need to have tenants screened, leases signed, the property cleaned and maintained, and so on. For property transactions, the principal should choose a realtor, attorney, or another person experienced in buying and selling real estate. ![]() Additionally, the agent is not required to be a person – entities (businesses) can be nominated as an attorney-in-fact as well. Step 2 – Select the Agentįederal and state law provides little restriction on who can serve as an agent. On the other hand, a property management company assigned as an agent should be given continuous powers. In other words, if the agent will be assisting with the one-time sale of a property, the form should state that their powers terminate after the sale. However, the principal should specify whether or not the agent’s powers extend in perpetuity or are limited to a single task or period of time. ![]() Whatever the principal chooses, they should make sure the powers are detailed clearly on the form, leaving nothing to assumption.īecause the POA type is non-durable, it will automatically terminate should the principal become mentally incapable of making decisions or in the event of their death. The principal can structure the form to provide the agent with whatever powers they feel are necessary. What Can it Be Used For?Īs an overview, one can use the document to do the following regarding real property: Unlike other types of POAs, the form can be made to be durable OR non-durable depending on the purposes the principal has for using the form. This can include signing rental agreements, representing the principal at closings, and handling any other decisions or responsibilities the principal may need.
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