Power of Attorney Form Template, Free Download 2026

The undersigned Principal hereby designates, appoints, and constitutes the individual identified in the attached Schedule A as the Principal's true and lawful attorney-in-fact and agent (the "Agent"), and grants unto said Agent full power and authority to act on the Principal's behalf in all matters authorized by this instrument. The Agent shall serve in a fiduciary capacity and shall exercise all powers granted herein for the benefit of the Principal, acting in good faith, within the scope of authority conferred, and in accordance with the Principal's reasonable expectations to the extent actually known by the Agent.

If the Agent designated in Section 1.1 is unable or unwilling to serve, or ceases to serve for any reason, the Principal hereby designates the individual(s) identified as successor agent(s) in Schedule A, in the order listed, to serve as the Principal's attorney-in-fact with all powers and authority granted to the original Agent under this instrument. Each successor Agent shall have the same powers, duties, and obligations as the originally designated Agent. A successor Agent's authority shall commence immediately upon the prior Agent's inability, unwillingness, or cessation of service, without the need for judicial intervention or further action by the Principal.

If the Principal has designated two or more persons to serve as co-agents in Schedule A, each co-agent may act independently and without the consent or joinder of the other co-agent(s), unless the Principal has expressly required joint action in Schedule A. If joint action is required and one co-agent is unavailable, the remaining co-agent(s) may act alone only if the Principal has so authorized in Schedule A or if a court of competent jurisdiction grants such authority. A co-agent who has not participated in or concurred with an action of another co-agent is not liable for the actions or omissions of the acting co-agent.

By executing the Agent Acceptance and Acknowledgment attached to this instrument, the Agent accepts the appointment and agrees to act in accordance with the Principal's reasonable expectations to the extent actually known, and otherwise in the Principal's best interest, to act in good faith, and to act only within the scope of authority granted in this Power of Attorney. The Agent's acceptance shall not constitute a contract requiring the Agent to serve; the Agent may resign at any time by providing written notice to the Principal and, if applicable, to any co-agent or successor agent.

Subject to any limitations set forth in Article IV, the Principal grants the Agent general authority to act on the Principal's behalf with respect to all lawful subjects and purposes, including but not limited to the specific categories of authority enumerated in this Article. The grant of general authority shall be construed broadly to give the Agent the broadest possible authority permitted under applicable state law, including the Uniform Power of Attorney Act or equivalent statute, to accomplish the purposes of this instrument.

Real Property. The Agent is authorized to acquire, sell, convey, exchange, lease, encumber, release, and otherwise manage real property and interests in real property on behalf of the Principal, including the power to execute deeds, mortgages, deeds of trust, leases, easements, and boundary agreements; to negotiate and enter into contracts for the purchase or sale of real property; to manage, maintain, repair, improve, subdivide, or partition real property; to collect rents and other proceeds from real property; to pay taxes, assessments, and liens affecting real property; to commence or defend proceedings related to real property; and to exercise all rights of the Principal as an owner, tenant, or lienholder of real property.

Banking and Financial Transactions. The Agent is authorized to conduct banking and financial transactions on behalf of the Principal, including the power to open, close, continue, and control all accounts and deposits in any banking institution, brokerage firm, or other financial institution; to deposit, withdraw, write checks, transfer funds, and make electronic payments; to receive statements, vouchers, notices, and communications regarding financial accounts; to execute, endorse, and negotiate checks, drafts, and other negotiable instruments; to access and manage safe deposit boxes; to borrow money on behalf of the Principal and pledge the Principal's assets as security; and to purchase, sell, exchange, and manage stocks, bonds, mutual funds, and other securities and investments.

Taxes, Legal Actions, Government Benefits, and Business Operations. The Agent is authorized to prepare, sign, and file federal, state, and local tax returns and related documents, receive confidential tax information, represent the Principal before taxing authorities, and make elections, claims, and waivers with respect to all tax matters. The Agent may institute, prosecute, defend, settle, and dismiss legal actions, claims, and proceedings in any court or tribunal on behalf of the Principal, and may retain attorneys, accountants, and other professionals. The Agent may apply for, receive, and manage all government benefits to which the Principal may be entitled, including Social Security, Medicare, Medicaid, veterans' benefits, and any other public assistance programs. The Agent is further authorized to form, operate, manage, participate in, and terminate business entities; to execute partnership agreements, operating agreements, and corporate resolutions; and to exercise all rights of the Principal as an owner, member, partner, shareholder, officer, or director of any business entity.

Unless otherwise specified in Schedule A, this Power of Attorney shall become effective immediately upon execution by the Principal and delivery to the Agent. If the Principal has indicated in Schedule A that this Power of Attorney shall become effective only upon the occurrence of a specified future event or contingency (a "Springing Power of Attorney"), this instrument shall have no force or effect until such event or contingency occurs as determined in accordance with Section 3.3.

This Power of Attorney is durable and shall not be terminated or affected by the Principal's subsequent disability, incapacity, or incompetence, as provided under applicable state law including the Uniform Power of Attorney Act. The authority granted herein shall continue in full force and effect notwithstanding the Principal's inability to manage his or her own affairs, and shall remain effective until revoked by the Principal, terminated by operation of law, or otherwise terminated in accordance with Article VIII of this instrument. The Principal's intent is that the Agent's authority shall continue to be exercisable on the Principal's behalf during any period of disability or incapacity.

If this instrument is a Springing Power of Attorney conditioned upon the Principal's incapacity, the Principal's incapacity shall be determined by a written certification from the Principal's primary physician, or if the primary physician is unavailable or unable to make such determination, by two licensed physicians who have personally examined the Principal, stating that the Principal lacks the capacity to manage his or her property or financial affairs. The Agent may rely upon such certification without further investigation, and no third party shall be required to inquire whether the conditions for the springing event have been satisfied if the Agent presents such certification. The Agent shall not be liable for acting in good faith reliance on a physician's certification of the Principal's incapacity.

Notwithstanding the broad grant of authority in Article II, the Agent shall not have the power or authority to: (a) execute, amend, modify, or revoke the Principal's Last Will and Testament or any codicil thereto; (b) create, amend, revoke, or terminate a revocable or irrevocable trust established by the Principal, except as expressly authorized by the trust instrument or applicable law; (c) exercise powers reserved exclusively to the Principal under any trust or other legal instrument; or (d) designate or change the beneficiary of any insurance policy, annuity, or retirement plan, unless expressly authorized in Schedule A.

The Agent shall not engage in self-dealing or take any action that would constitute a conflict of interest, including but not limited to: transferring the Principal's property to the Agent or the Agent's estate; using the Principal's assets for the Agent's personal benefit; lending the Principal's funds to the Agent or the Agent's family members; or entering into transactions on behalf of the Principal with entities in which the Agent has a financial interest, unless such action is expressly authorized in Schedule A and is in the Principal's best interest.

The Agent shall not make gifts of the Principal's property unless expressly authorized to do so in Schedule A. If gift-making authority is granted, the Agent shall make gifts only in accordance with the Principal's established pattern of giving and the limitations specified in Schedule A, including but not limited to annual gift tax exclusion amounts under Internal Revenue Code Section 2503(b) and such additional amounts as may be specified. The Agent shall not make gifts to the Agent unless Schedule A expressly authorizes such gifts and specifies the permissible recipients and amounts.

The Agent shall at all times act as a fiduciary with respect to the Principal's property and shall exercise the powers granted herein in a manner consistent with the standard of care that a prudent person would observe in dealing with the property of another. The Agent shall keep the Principal's property separate from the Agent's own property, shall maintain adequate records of all transactions conducted on the Principal's behalf, and shall not commingle the Principal's funds or other assets with the Agent's own unless the Principal's funds are maintained in an account in which the Principal is identified as the owner and the Agent is designated as the agent.

Any third party, including but not limited to financial institutions, brokerage firms, title companies, government agencies, and other persons or entities, may rely upon the authority granted to the Agent under this Power of Attorney and upon the Agent's representations regarding the scope of such authority, without the need for independent investigation or verification, provided that the third party acts in good faith and without actual knowledge that the Power of Attorney has been terminated or that the Agent's authority has been revoked, suspended, or limited.

The Principal hereby agrees to hold harmless, indemnify, and defend any third party that acts in good faith reliance on this Power of Attorney from any claims, losses, damages, costs, or expenses (including reasonable attorney's fees) arising from such reliance, to the same extent as if the Principal had personally authorized and directed such action. This indemnification shall survive the termination, revocation, or expiration of this Power of Attorney with respect to actions taken prior to the third party's receipt of actual notice of such termination, revocation, or expiration.

A third party that refuses to accept this Power of Attorney, or that requires an additional or different form of power of attorney, may be subject to liability as provided under the Uniform Power of Attorney Act or applicable state law, including a court order mandating acceptance, liability for reasonable attorney's fees and costs incurred in any action to compel acceptance, and damages resulting from the refusal. A third party is not required to accept a Power of Attorney if the third party has actual knowledge of the termination of the Agent's authority or of the Principal's death, or if the third party's refusal is otherwise permitted under applicable law.

The Agent may execute and deliver an affidavit or certification of authority (an "Agent's Certification") stating that the Power of Attorney is in full force and effect, that the Agent's authority has not been revoked or limited, and that the Principal is not deceased, and providing such other information as may be required by a third party. A third party may rely upon the Agent's Certification without further investigation, and shall not be liable for actions taken in good faith reliance upon the Agent's Certification, even if any of the statements contained therein are subsequently found to be inaccurate.

The Agent shall be entitled to reasonable compensation for services rendered under this Power of Attorney, as specified in Schedule A. If Schedule A does not specify the Agent's compensation, the Agent shall be entitled to compensation that is reasonable under the circumstances, taking into account the complexity of the tasks performed, the time expended, the Agent's qualifications and expertise, and the customary compensation for similar services in the applicable jurisdiction. A successor Agent shall be entitled to compensation on the same terms as the original Agent.

The Agent shall be entitled to reimbursement from the Principal's assets for all reasonable and necessary out-of-pocket expenses incurred in the performance of the Agent's duties under this Power of Attorney, including but not limited to travel expenses, postage, copying costs, filing fees, legal fees, accounting fees, and other professional service fees. The Agent shall maintain receipts and documentation for all expenses for which reimbursement is sought and shall include such expenses in any accounting provided to the Principal or other interested parties.

The Agent shall keep complete and accurate records of all receipts, disbursements, and transactions made on behalf of the Principal, including a detailed accounting of all compensation received and expenses reimbursed. The Agent shall render an accounting to the Principal, or to any person or entity designated by the Principal in Schedule A, upon reasonable request and at least annually. The Agent shall also provide an accounting to the Principal's court-appointed guardian, conservator, or personal representative upon request, or as required by a court of competent jurisdiction.

The Principal reserves the right to revoke this Power of Attorney at any time, provided the Principal has the capacity to do so. Revocation shall be accomplished by the Principal's execution and delivery of a written instrument of revocation to the Agent, or by the Principal's execution of a subsequent Power of Attorney that expressly revokes this instrument. The Principal may also revoke this Power of Attorney by any other method permitted under applicable state law, including physical destruction of the original instrument with the intent to revoke.

The revocation of this Power of Attorney shall not be effective as to the Agent until the Agent receives actual notice of the revocation. The revocation shall not be effective as to any third party until the third party receives actual notice of the revocation. The Principal shall take reasonable steps to provide notice of revocation to all third parties known to have dealt with or to be likely to deal with the Agent under this Power of Attorney, including but not limited to financial institutions, government agencies, and other entities with which the Agent has transacted business on the Principal's behalf.

Actions taken by the Agent in good faith and without actual knowledge of the revocation prior to receiving notice thereof shall remain valid and binding upon the Principal. Similarly, actions taken by a third party in good faith reliance on this Power of Attorney prior to receiving actual notice of the revocation shall be valid and enforceable against the Principal to the same extent as if the Power of Attorney had not been revoked.

This Power of Attorney shall be automatically revoked, without the need for notice or further action, upon the entry of a court order appointing a guardian or conservator of the Principal's estate, unless the court order expressly provides that this Power of Attorney shall continue in effect. The filing of a petition for divorce or annulment by the Principal shall automatically revoke any authority granted to the Principal's spouse as Agent under this instrument, unless the Principal has expressly provided otherwise in Schedule A or applicable law provides to the contrary.

This Power of Attorney shall terminate automatically upon the death of the Principal. The Agent's authority ceases immediately upon the Principal's death, and any actions taken by the Agent after the Principal's death are void and without legal effect, except that actions taken by the Agent without actual knowledge of the Principal's death shall be binding on the Principal's estate to the same extent as if the Principal were still alive at the time of the action, and third parties who act in good faith reliance on the Agent's authority without knowledge of the Principal's death shall be protected as provided in Article V.

If this Power of Attorney is not durable, or if the durability provision of this instrument is held to be invalid or unenforceable, this Power of Attorney shall terminate upon the Principal's incapacity as determined in accordance with Section 3.3 or by a court of competent jurisdiction. Upon such termination, the Agent shall have no further authority to act on behalf of the Principal, except to the extent necessary to account for actions taken prior to termination and to deliver the Principal's property and records to the appropriate person or entity.

This Power of Attorney shall terminate upon the revocation by the Principal as provided in Article VII, or upon the entry of a court order terminating the Agent's authority. This Power of Attorney shall also terminate if the Agent dies, becomes incapacitated, or resigns and no successor Agent has been designated or is willing and able to serve. A court of competent jurisdiction may terminate the Agent's authority upon petition by the Principal, the Agent, a guardian, a conservator, or any other interested person, upon a finding that termination is in the Principal's best interest.

This Power of Attorney shall be governed by, construed, and enforced in accordance with the laws of the state specified in Schedule A, including the Uniform Power of Attorney Act as adopted and amended in that state, or such other applicable statute governing powers of attorney. To the extent that the Uniform Power of Attorney Act has not been adopted in the governing state, this instrument shall be construed in accordance with the common law and statutory provisions of that state relating to powers of attorney.

This Power of Attorney is intended to comply with the requirements of the Uniform Power of Attorney Act ("UPOAA") and shall be construed to give maximum effect to the Principal's intent as expressed herein, consistent with the provisions of the UPOAA. In the event of any conflict between the provisions of this instrument and the mandatory provisions of the UPOAA or other applicable law, the provisions of applicable law shall control. Any optional provisions of the UPOAA that may be modified by the principal's power of attorney shall be deemed modified to the extent necessary to give effect to the provisions of this instrument.

If the Agent is required to act on behalf of the Principal in a jurisdiction other than the state whose law governs this instrument, the Agent's authority shall be determined by the law of the governing state, but the manner of exercising such authority shall comply with the laws of the jurisdiction in which the Agent acts. To the extent that the law of another jurisdiction requires registration, recording, or other formalities for the recognition of a power of attorney, the Agent shall comply with such requirements as a condition of exercising the Agent's authority in that jurisdiction.

Severability. If any provision of this Power of Attorney is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of this instrument. The remaining provisions shall continue in full force and effect, and the invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if modification is not possible, shall be deemed severed from this instrument.

Entire Instrument. This Power of Attorney, together with all schedules and exhibits attached hereto and incorporated by reference, constitutes the entire expression of the Principal's intent with respect to the delegation of authority to the Agent. This instrument supersedes all prior powers of attorney executed by the Principal granting similar or overlapping authority to the Agent or to any other person, unless the Principal has expressly stated otherwise herein or in the prior instrument.

Copies as Originals. A photocopy, facsimile, electronic scan, or other reproduction of this executed Power of Attorney shall have the same force and effect as the original for all purposes and may be relied upon by third parties to the same extent as the original instrument. Any person may request the Agent to provide a certified copy of this Power of Attorney, and the Agent shall promptly comply with such request. The Principal acknowledges that third parties may retain copies of this instrument and that the Principal bears the responsibility of providing notice of revocation to all third parties holding copies.

Binding Effect. This Power of Attorney shall be binding upon the Principal, the Principal's heirs, executors, administrators, personal representatives, and successors in interest. The authority granted to the Agent herein shall inure to the benefit of and be enforceable by the Agent and any third party who deals with the Agent in good faith reliance on this instrument. This Power of Attorney shall be executed in accordance with all applicable formalities, including the Principal's signature, acknowledgment before a notary public, and the signatures of witnesses if required by the laws of the governing state, and shall be effective upon compliance with all such execution requirements.