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Common Questions About Powers of Attorney
What makes it legal? A Power of Attorney must be properly signed (executed) in order to be legal and valid. The process is not difficult and does not require an attorney, but does require the signature of a notary. In some states, the signatures of witnesses are required as well.   
Why use LegacyWriter™ to prepare my Power of Attorney?
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Is my state supported? LegacyWriter™ creates powers of attorney customized to each of the 50 states. Each state has its own laws about powers of attorney, the document that you receive and even the questions you are asked will differ according to your state's specifications.  
Do I need an attorney? No, an attorney is not required in order for a Power of Attorney to be legal and valid.   
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What is the process for creating a legal Durable Power of Attorney? Note: The general requirements presented here are for informational purposes, you will receive detailed easy-to-follow guidelines for signing your Power of Attorney in your state with your order.

The process for creating a legal and valid Power of Attorney requires attention to detail but is not difficult, you CAN do it yourself. Here are the basic requirements:
  • A Power of Attorney must be in writing.
  • A person must sign it with the intent of creating a Power of Attorney.
  • A Power of Attorney must be notarized.
  • Some states require witness signatures.
The following are NOT requirements:
  • An attorney is not required for any part of the process.
  • A Power of Attorney does not need to be printed on special paper.
Witnesses:
The number of witnesses required varies from state to state. Most states do not require another witness other than the Notary Public. Your Power of Attorney will have the appropriate number of witness signature spaces for your state. To be competent as witnesses, the witnesses must be over the age of majority and must have the mental capacity to know that they are acting as witnesses to the Power of Attorney and would be competent to testify regarding the signing of the Power of Attorney.

After the Signing:
After the Durable Power of Attorney is signed, it should be placed in a safe place known to others. You may make photocopies available to select people.

Some states also require that the "Attorney-in-Fact" (the person assigned the powers) sign an Acceptance of Appointment document accepting the responsibility. This document will be provided to you and does not need to be signed at the same time the Durable Power of Attorney is signed.  
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Power of Attorney (for financial matters)
Medical Power of Attorney

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