Free Power of Attorney

The "acknowledgement," sometimes referred to as the "notary block," is a required section of any document for which the signatures must be notarized. Rocket Lawyer provides the correct form for the state in which the document will be signed. It is important that the document be notarized in the same state in which it is to be used.

Often Agents serve without compensation. It is advisable for you to state your preference in the document to avoid uncertainty at a later time when you may be unable to state your intentions. For example, a family member may serve as Agent during your lifetime, and then to the dismay of the rest of the family after your death, the Agent makes a claim against your estate for compensation for acting as your Agent.

The Agent may be required to devote much time and effort in carrying out the powers granted in the document. For this reason, you may want to consider compensating the Agent for performing those duties. The amount may be a set fee for each period, for example $500 per quarter, or it may be based on the actual amount of time spent carrying out the duties. In either event, compensating the Agent may serve to motivate the Agent to devote sufficient time and effort to conduct your business in a satisfactory manner.

A beneficiary is a person or entity who will receive money or property from the property owner when the property owner dies. A beneficiary can be a spouse, child, charity, or any entity or person to whom the property owner would like to leave his or her possessions and assets.

Many financial institutions, investment firms and life insurance companies allow you to designate a beneficiary or recipient of the account or policy. This beneficiary becomes entitled to the funds held in the account or the value of the policy upon your death.

A trust is an agreement between parties in which one party, the "trustee," holds the assets or property of the person creating the trust, the "grantor," for the benefit of another, the "beneficiary." If you have a living trust, the trustee of that trust is typically the person who controls all disbursements from the trust assets. If you serve as the trustee and later become unable or unwilling to continue acting as trustee, a "successor" trustee assumes those responsibilities. If for unusual reasons you want to provide the Agent under your Power of Attorney with the authority to make changes to the trust or revoke the trust, or with the authority to require the trustee to make certain distributions from the trust, you should consult an attorney. The powers granted under this Power of Attorney document may not provide the Agent with that authority.

Generally, an Agent is not liable for damages unless he or she intentionally engages in misconduct. This protection is designed to encourage Agents to accept the responsibility of being an Agent. In order to ensure that the Agent is carrying out his or her duties in a responsible manner, it may be helpful to require the Agent to provide periodic accountings (usually annually). This would require the Agent to provide detailed reports of all actions taken during the period, including amounts of funds that have been paid or received and any property that has been sold or acquired.

In the course of carrying out the duties under the Power of Attorney document, your Agent may have to pay for certain expenses, such as telephone or copying charges, or mileage for travel. You may want to provide that the Agent will be reimbursed for any reasonable expenses incurred. This may be especially true if a family member or other loved one agrees to act as Agent without compensation. Reimbursing your Agent for expenses incurred will help to lessen the burden on the Agent.

It is recommended that you select an Alternate Digital Executor who will serve if the first choice is unavailable or unwilling to serve. You may name an Alternate Digital Executor to serve alone or name Alternate Co-Digital Executors to serve together.

Under the latter option, you will also be asked to specify whether, if one of the Alternate Co-Digital Executors is unable or unwilling to serve, the remaining Co-Digital Executor will serve as sole Digital Executor or if another name will be offered to serve so that there will still be two Alternate Co-Digital Executors.

The power to handle banking transactions includes the authority to open and close bank accounts, as well as to make withdrawals, deposits, or other transactions on the account. For example, you may grant your Agent the power to access your accounts in order to pay your bills when you are unable to do so, or to make your investment decisions for you. You may limit the authority to specific bank accounts, or provide authority over all bank accounts held by you.

You may want to give your Agent authority to obtain credit or borrow money on your behalf. This power is useful in allowing the Agent to oversee and take advantage of investments, or it may simply be useful in allowing the Agent to cover day to day expenses. You may limit the amount which the Agent may borrow on your behalf or allow the Agent to decide how much may be necessary. In either event, it is important to remember that you are bound by your Agent's actions, and you are obligated to repay any amounts borrowed under the Power of Attorney.

If you own a business, you may give your Agent the authority to manage and operate the business. For example, you can allow your Agent to manage the day-to-day operations of the business as well as pay employee salaries, payroll taxes, and creditors.

In addition, you should understand the difference between a General Power of Attorney and Special Power of Attorney in this situation. A General Power of Attorney (authority to act in "all situations") includes authority to sell, dissolve or close the business if the Agent deems it appropriate or necessary. However, in the Special Power of Attorney (authority to act in "specific situations"), you can limit the Agent's authority to act only "in the ordinary course of business," which would NOT include the authority to shut down the business.

An Agent, sometimes referred to as an Attorney-in-Fact, does not have to be an attorney. The Agent can be any adult that you trust and who is competent to handle your affairs. An Agent can also be someone other than an individual, including a bank, for example.

It is important that you first discuss the issue with your potential Agent and express your values and wishes with regard to how your affairs should be handled. This also gives the Agent an opportunity to consider and communicate to you whether he or she is willing and able to handle the responsibilities.

In Alaska, the Agent may not be a public home care provider who is furnishing services to the Principal.

Note: A separate Power of Attorney should be created for each person. A "joint" Power of Attorney is not valid.

The definition of digital assets is broad and can include any online accounts or files stored on a computer or server. For example, these can all be considered digital assets: email accounts, blogs, social-networking websites, online backup services, photo and document sharing websites, financial and business accounts, domain names, virtual property, and computer files.

While digital assets are mostly considered intangible personal property - without a physical essence - some people also consider them to be tangible personal property, such as when you print out an email and can physically touch the printout.

A "Digital Executor" is the person or organization named in a Will who has the responsibility of carrying out the terms of your digital assets in the Will. Those responsibilities include, but are not limited to, the management, distribution, or termination of your digital assets. Generally, this allows the Digital Executor to access, download, and backup digital assets, convert file formats, access necessary digital devices, and clear computer caches and/or delete files. The Digital Executor should be trustworthy and technically savvy.

Inventory all of your digital assets in "Schedule A" and the "Letter of Instructions" in this Will. Notify your designated Digital Executor and anyone else important to your digital estate of your wishes and also inform them of where your Letter of Instructions is located.

*Note: While this Digital Executor provision makes your wishes known as to your digital assets, the area of digital estate planning is a relatively new field of law and there is no guarantee that your wishes can be fully implemented. For example, online accounts are usually governed by the "terms of service" agreed to when the account is opened, and may prevent your Digital Executor from accessing or managing the account. Also, your digital rights to some of your online accounts may expire upon death and prevent account access by your Digital Executor.

Therefore, it is important to research the rights and issues that may impede your Digital Executor from carrying out the terms of your digital asset wishes. For example, which websites will or will not allow account access to designated executors, what authorization is needed, if you have legal permission to access online financial accounts, and whether state law requires your Digital Executor to reside in the same state as you. We suggest that you consult an estate planning attorney to incorporate your digital assets into your Will.

The Power of Attorney document can be made "durable." This means that the powers granted to your Agent will continue to remain in effect even if you become disabled or lack sufficient mental competence to handle your own affairs.

In fact, many Principals do not want the Power of Attorney to become effective UNTIL they become mentally incompetent. In this situation, you may specify that the Power of Attorney (i) "shall not be affected by my disability or lack of mental competence," or (ii) shall become effective "upon written certification . . . that I am disabled or lack sufficient mental competence" (a "springing" Power of Attorney).

Making the Power of Attorney durable allows you to select the individual who will handle your affairs if you become incompetent. In the absence of a Power of Attorney, the matter would have to be presented to a court who would then appoint a conservator to handle your affairs for you. You would not be able to select the individual in that situation.

Note: The "springing" Power of Attorney is not available in Florida. In Florida, the Power of Attorney will go into effect immediately after it is signed and delivered.

Rocket Lawyer offers flexibility in allowing you to specify when the document becomes effective and when it terminates. You may want to state that the Power of Attorney will go into effect immediately, or you may want to provide that the power will go into effect only when a physician certifies in writing that you are disabled or lack sufficient mental competence to handle your own affairs (a "springing" Power of Attorney).

On the other hand, you may want to provide a specific beginning date and ending date for the Power of Attorney. This may be appropriate if the power is being granted for a specific situation, for example if you are traveling out of the country for one year and will not be able to manage your affairs during that period of time.

Note: The "springing" Power of Attorney is not available in Florida. In Florida, the Power of Attorney will go into effect immediately after it is signed and delivered.

A revocable trust or living trust is an estate planning trust that can be changed or canceled during the grantor's lifetime. The Agent's power to make decisions about your estate includes the authority to transfer assets to a revocable (living) trust established by you. One of the most important powers is the power to make gifts to others on your behalf. Another essential estate planning tool is the power to refuse any inheritance you might receive, usually for tax advantage reasons. It is recommended that this power be granted to the Agent in case this type of situation occurs.

A fiduciary, or trustee, is responsible for acting on behalf of another person or entity regarding specific matters, such as managing financial assets or investments, or handling legal or business matters. To review the extent of your fiduciary responsibilities, you should review any agreement you executed when accepting this responsibility.

In addition to banking transactions, you may want to give your Agent the authority to make various financial and investment decisions for you.

For example, this authority may include the power to handle stock, bond, commodity, or insurance transactions. You may want to grant this power to allow an Agent to handle issues that may arise with insurance or other employee benefit situations, such as health insurance claims for medical treatment and procedures required by you.

If a Power of Attorney grants the Agent authority over real estate located in Florida, it must contain the signatures of two witnesses to be effective. The state of Florida requires two witnesses for the document to be recorded. Recording the document provides notice of the Power of Attorney to anyone who might be interested in the property.

Even though the Power of Attorney may be signed in a different state, if it grants authority over Florida real estate, these requirements must be met. This program automatically provides the necessary signature lines when Florida real estate is involved.

A general Power of Attorney is very broad and provides extensive powers. A general statement is included which gives the Agent "full power and authority" to act on behalf of the Principal. The document then lists certain powers to make it clear that the Principal intended to grant such broad powers.

Broad powers include powers to:

• Handle banking transactions;
  
• Enter safe deposit boxes;
  
• Handle transactions involving U.S. securities;
  
• Buy and sell property;
  
• Purchase life insurance;
  
• Settle claims;
  
• Enter into contracts;
  
• Exercise stock rights;
  
• Buy, manage, or sell real estate;
  
• File tax returns; and
  
• Handle matters related to government benefits.

• Maintain and operate business interests;
  
• Employ professional assistance;
  
• Make gifts;
  
• Make transfers to revocable ("living") trusts; and
  
• "Disclaim interests" (this power can be an important estate planning tool that helps avoid estate taxes).

A General Power of Attorney is a document under which you authorize another person to act on your behalf in a variety of situations. In contrast, a Special Power of Attorney is a document under which you authorize another person to act on your behalf in specific situations only.

A General Power of Attorney is very broad and provides extensive powers. A general statement is included which gives the Agent "full power and authority" to act on your behalf. The document then lists certain powers to make it clear that you intended to grant such broad powers. For a list, see General Powers.

A Special Power of Attorney document provides the Agent with only those powers that are listed in the document. For a list, see Special Powers.

Generally an Agent may not use the Power of Attorney to make gifts to him or herself. If you want to make a gift to the Agent, you should appoint a substitute Agent. The substitute Agent would have authority only for the purpose of making the gift to the primary Agent. The person named as substitute Agent can, but need not, be the same person who serves as substitute Agent for other purposes, such as to handle your real estate, or it could be the person that you named as your successor Agent.

In certain situations, it may be helpful to grant the power to your Agent to handle governmental matters for you.

For example, your Agent could handle the preparation and filing of tax returns with the Internal Revenue Service. Other types of governmental matters may relate to governmental benefits, such as Medicare or Social Security. This power may be especially useful in situations in which you are unable to negotiate issues, such as Medicare benefits because of mental incompetence or other health problems.

A health care Power of Attorney (also called a Medical Power of Attorney) allows you to appoint another person to make decisions regarding your medical care if your health declines or you become legally incompetent.

If you choose to revoke prior Power of Attorney documents, you should be careful to make sure that any issues related to health care are not accidentally revoked. You can do this by stating specifically in the Revocation that the health care documents will remain in effect.

You may want to authorize your Agent to hire business professionals to help manage your affairs. For example, your Agent may need to hire accountants to review and manage the business records of a business owned by you, or the Agent may need to hire a real estate agent to assist in the sale or purchase of property. This authority allows the Agent to carry out your affairs more efficiently. However, it is important to remember that any business professionals hired by your Agent will be paid out of your assets.

Some Power of Attorney documents contain an indemnity provision that allows the Agent to protect third parties who may take actions based on the Power of Attorney. This provision grants authority to the Agent to hold a third party harmless by assuming any liability that may be imposed on the third party. With an indemnity provision, an Agent may pay the amount of any judgment entered against the third party in legal proceedings, or repay the third party for any losses while acting in reliance on the Power of Attorney document.

FOR EXAMPLE:
The Agent may request that funds be taken out of a particular bank account, held jointly by the Principal and another party. The bank officer may request to see the Power of Attorney document. The officer then disburses funds from the account to the Agent. If the other owner of the account then asserts a claim and gets a judgment against the bank for disbursing funds to the Agent (who was not an owner of the account), the Agent will be authorized to reimburse the bank for any amount the bank is required to pay as a result of that claim.

By including an indemnity provision in the Power of Attorney, you assure third parties that they will not be penalized for any actions they may have taken in reliance on the document. This will make it easier for the Agent to conduct business because third parties will accept the Power of Attorney more readily. However, it is important to remember that any amounts reimbursed by the Agent will come from the Principal's funds.

The term "homestead" means the property that you own and maintain as your personal residence. The exact definition of homestead varies from state to state, but generally includes the dwelling place and the related land.

In most cases, the amount of land that can be included as part of the homestead is limited. In some instances, the amount of land may be limited to a "lot," but in other cases the amount may be as much as 40 acres. The term "homestead" can also include a condominium or similar type of real estate interest. An apartment that is rented from another party might be a personal residence, but would not be a homestead because it is not owned by the party who resides in it.

Important Note:
Laws in some states may limit the power of your spouse to release your ownership rights in your homestead. Therefore, if you've named your spouse as your Agent, it may be necessary to appoint a substitute Agent for the purpose of releasing your rights in your personal residence.

The intent of a General Power of Attorney is to permit the Agent to take any action on behalf of the Principal; the listing of specific powers should not be interpreted as meaning that the Agent's powers are limited only to the listed powers. On the other hand, a Special Power of Attorney should be interpreted as allowing an Agent full authority with respect to only the powers listed in the document.

The Letter of Instructions should include all the necessary information a Digital Executor needs to manage, distribute, and terminate your digital assets. It should include: names of accounts/websites/devices, usernames, passwords, and any other access information. In addition, include instructions on how you want the digital asset administered, such as if you want the account memorialized or closed, any time-related conditions pertaining to deletion of inactive accounts or payments due, monetary or business implications, or anything else you want the Digital Executor to know.

If you own real estate other than your residence, you may want to grant authority to the Agent to manage that real estate for you. This authority would include making repairs, collecting rent, or performing various other duties of a landlord. Additionally, this authority may involve the power to hire individuals or companies to carry out repairs, maintenance, or other duties.

The power to mortgage real estate allows your Agent to borrow money, pledging your property as collateral. For example, this power may be useful in allowing your Agent to obtain additional funds that may be needed to cover your expenses, or to allow the Agent to take advantage of investment opportunities that may arise. As with the power to sell real estate, the power to mortgage real estate can be limited to specific property only, or it can apply to all real estate owned by you.

The full definitions of the powers granted to your Agent(s) are defined in New York General Obligations Law 5-1502A-5-1502N. Visit the following site for the full definition of each power:

Full Definitions of Each Power

New York law only allows an Agent to gift $500.00 per person in a calendar year unless specifically stated otherwise in the Power of Attorney. The intent of this law is to ensure the principal understands that by granting the power to make gifts larger than $500.00 per person there is a risk the Agent could misuse the Principal's assets or abuse the power by gifting without the Principal's consent.

In all states, the signatures on the Power of Attorney should be notarized. A Notary Public is a person who has the authority to notarize a document with a stamp or seal to confirm that the document is authentic.

The place where the Power of Attorney will be signed is important in determining which state's laws will govern. The document is generally signed in the state in which the Principal resides, so that state's laws will govern the Power of Attorney and any issues that might arise under it. Depending on the state in which the document is signed, it may be necessary that the document be signed in the presence of witnesses.

In addition, some states require that the name of the person who prepared the Power of Attorney be included in the document in order for the Power of Attorney to be recorded with the appropriate governmental office.

The power to collect and pay debts on your behalf is a valuable tool for the Agent. Other powers also may include the power to deposit, negotiate, sell, or transfer any United States Bonds or Notes, including U.S. Treasury Securities. You may also want to grant the power to your Agent to access your safe deposit box. This authority will allow the Agent to physically access and obtain the contents of the safe deposit box in the event that you are unable to do so.

The power to sell personal property is a broad power. Personal property can include both "tangible" personal property (cars, sporting equipment, jewelry, etc.) and "intangible" personal property (an account receivable, shares of stock, etc.).

For example, your Agent will be able to handle the sale of a vehicle owned by you if you are required to relocate suddenly or you are simply away for an extended period of time. The power may also be used to allow your Agent to sell personal property such as household furnishings if you are required to move for health reasons. In granting the power, you should indicate whether the authority is granted over only specific property (which should be specifically identified), or whether the authority is over all personal property owned by you.

A Power of Attorney is a document under which you as the "Principal," give legal permission to another person or entity (an "Attorney-in-Fact" or "Agent") to act on your behalf. You sign a Power of Attorney document so that your Agent will be able to handle your affairs during a period of time when you are unavailable or unable to do so. An Agent is not required to be a lawyer.

A Power of Attorney may be either general or specific. A General Power of Attorney gives the Agent broad authority to act for you. A Special Power of Attorney grants the Agent limited authority to act only in specified situations. In addition, you may create a "Durable" Power of Attorney, which means it will remain in effect even if you become incompetent or incapable of handling your affairs. If you do not want the Power of Attorney to remain in effect during these times, then the document can be made "non-durable."

Note: A separate Power of Attorney should be created for each person. A "joint" Power of Attorney is not valid.

Power of Attorney (POA) FAQ
Understanding the Purpose of Power of Attorney
When and How to Update Your Power of Attorney
Revoking a Power of Attorney (POA)
How to Choose an Agent for Your Power of Attorney

In some states, the name of the person who prepared the Power of Attorney document must be indicated in the document as a requirement for recording the document. Most Power of Attorney documents are not recorded, but it may be required if the Agent handles real estate transactions for the Principal. Rocket Lawyer provides the option of including the name of the preparer.

Note to the Preparer: A separate Power of Attorney should be created for each person. A "joint" Power of Attorney is not valid.

A Power of Attorney may be either general or specific. A General Power of Attorney gives the Agent broad authority to act for you. A Special Power of Attorney grants the Agent limited authority to act only in specified situations.

When the reasons for granting a Power of Attorney change, it may be necessary to revoke the powers granted.

A Revocation of Power of Attorney is a document under which you revoke a Power of Attorney, whether general or special, that previously authorized an Agent to act on your behalf. Prior Power of Attorney documents may also be revoked by including a revocation provision in a newly executed Power of Attorney document. In either case, a copy of the Revocation MUST be presented to the Agent as evidence of your intent to revoke the Power of Attorney. You should also deliver copies of the Revocation to third parties who had notice of your original Power of Attorney.

Also, if you choose to revoke prior Power of Attorney documents, you should be careful to make sure that any Power of Attorney documents related to health care are not accidentally revoked. You can do this by stating specifically in the Revocation that the health care documents will remain in effect.

When the reasons for granting a Power of Attorney change, it may be necessary to revoke the powers granted.

A Revocation of Power of Attorney is a document under which you revoke a Power of Attorney, whether general or special, that previously authorized an Agent to act on your behalf. Prior Power of Attorney documents may also be revoked by including a revocation provision in a newly executed Power of Attorney document. In either case, a copy of the Revocation MUST be presented to the Agent as evidence of your intent to revoke the Power of Attorney. You should also deliver copies of the Revocation to third parties who had notice of your original Power of Attorney.

Also, if you choose to revoke prior Power of Attorney documents, you should be careful to make sure that any Power of Attorney documents related to health care are not accidentally revoked. You can do this by stating specifically in the Revocation that the health care documents will remain in effect.

You may want to give your Agent the authority to sell real estate owned by you. This real estate could include your residence or other property you may own, such as rental property. You can choose to grant authority over only specific real estate, or all real estate owned by you.

For example, this authority would allow your Agent to handle the sale of your home if you have to move to a long term care facility for health reasons or if you have to relocate suddenly and will not be available to handle the sale of your home.

1. The Power of Attorney should be signed by a Principal who is mentally competent and the signature should be notarized. A notary public is a witnessing third party who is legally empowered to certify that the signature is authentic. Notarization is required because it makes it harder for a third party to challenge the validity of the signature. In addition, notarization allows the document to be "recorded" for use with real estate transactions, if recording becomes necessary or advisable. Ten states, Arkansas, Connecticut, District of Columbia, Florida, Georgia, Michigan, Ohio, Oklahoma, South Carolina, and Vermont, require that the Power of Attorney be signed in the presence of two witnesses. Pennsylvania requires that the Power of Attorney be signed in the presence of two witnesses, that the Principal sign the Notice at the beginning of the Power of Attorney, and that the Agent(s) sign the acknowledgment at the end of the Power of Attorney. The Power of Attorney (in any state) also must be signed in the presence of two witnesses if the power to handle Florida real estate transactions is granted. Arizona requires one witness. Furthermore, in some states, the name of the person who prepared the Power of Attorney document must be indicated in the document in order for it to be recorded.

2. A Power of Attorney is not legally binding unless the Principal is mentally competent at the time of the signing. If there is any question regarding competence, it is best to obtain a physician's written opinion that the Principal understands the document and the consequences of signing the document. It is also advisable to review any competency issues with a lawyer.

3. The Agent designated in the document should be advised of the location of the original copy of the Power of Attorney document and given access to that original. You should retain a copy for your files.

4. CAUTION: Before signing this document, you should consider its consequences. You are providing another person with the power to handle business and legal matters on your behalf. Any such action undertaken by that person within the scope of the Power of Attorney document is legally binding upon you.

   SOUTH CAROLINA ONLY (5-10):
   

5. This Power of Attorney is not valid unless it is signed by a Principal who is of "sound mind" and at least 18 years old.

6. If the Principal is unable to sign due to physical disability, another person may be able to sign on behalf of the Principal, in the Principal's presence, and at the express direction of the Principal. However, this document does not provide the necessary language for another person to sign for the Principal. For assistance with this procedure, a lawyer should be contacted.

7. The Power of Attorney should be signed by the Principal in the presence of two DISINTERESTED adult witnesses and a notary public.

8. Both of the witnesses must watch the Principal sign this Power of Attorney. The Principal should verbally declare that the document is intended to be his or her Power of Attorney, but the witnesses need not read the Power of Attorney or know of its contents.

9. Each witness must sign his or her name with the Principal and the other witness present. The witnesses should be satisfied that the Principal willingly signed the document as a free and voluntary act, and that the Principal was of full age and sound mind.

Your Agent (attorney-in-fact) has no duty to act unless you and your Agent agree otherwise in writing.

This document gives your Agent the powers to manage, dispose of, sell and convey your real and personal property, and to use your property as security if your Agent borrows money on your behalf, unless you provide otherwise in this Power of Attorney.

Your Agent will have the right to receive reasonable payment for services provided under this Power of Attorney unless you provide otherwise in this Power of Attorney.

The powers you give your Agent will continue to exist for your entire lifetime, unless you state that the Power of Attorney will last for a shorter period of time or unless you otherwise terminate the Power of Attorney. The powers you give your Agent in this Power of Attorney will continue to exist even if you can no longer make your own decisions respecting the management of your property, unless you provide otherwise in this Power of Attorney.

You can amend or change this Power of Attorney only by executing a new Power of Attorney or by executing an amendment through the same formalities as an original. You have the right to revoke or terminate this Power of Attorney at any time, so long as you are competent.

This Power of Attorney must be dated and must be acknowledged before a notary public or signed by two witnesses. If it is signed by two witnesses, they must witness either (1) the signing of the Power of Attorney or (2) the principal's signing or acknowledgment of his or her signature. A Power of Attorney that may affect real property should be acknowledged before a notary public so that it may easily be recorded.

You should read this Power of Attorney carefully. When effective, this Power of Attorney will give your Agent the right to deal with property that you now have or might acquire in the future. The Power of Attorney is important to you. If you do not understand the Power of Attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person.

A sole Digital Executor serves alone. Alternatively, you can nominate any number of persons and/or organizations to serve together as Co-Digital Executors. All actions taken by Co-Digital Executors must be unanimous. Therefore, difficulties and/or delays are sometimes encountered if:

1. the Co-Digital Executors reside some distance away from each other and documents to be signed must therefore be circulated among them, or if the Co-Digital Executors are unable to unanimously agree on some course of action.

On the other hand, there are also some advantages to naming Co-Digital Executors. A parent may name both of his children in order to avoid the perception that one child is being favored over the other.

Also, it might be preferable for two Digital Executors to work together to co-manage your digital assets, drawing from each individual's strengths and weaknesses.

Finally, if state law requires that at least one Digital Executor be a resident of your state, you may want to add a same-state Co-Digital Executor to serve.

A Special Power of Attorney document provides the Agent with only those powers that are listed in the document. This program allows you to choose from the following special powers:

• Handle banking transactions;
  
• Enter safe deposit boxes;
  
• Handle transactions involving U.S. securities.

• Collect debts;
  
• Sell real estate;
  
• Mortgage real estate;
  
• Manage real estate;
  
• Sell personal property;
  
• Borrow money;
  
• Manage business interests;
  
• Handle government matters;
  
• Make financial decisions;
  
• Make estate planning decisions, including gifts;
  
• Indemnify third parties.

A successor Agent is someone who is appointed to serve as Agent if your original Agent becomes unable or unwilling to serve any longer. The successor Agent takes over all of the duties of your original Agent, and the original Agent is relieved of all obligations and powers.

It is a good idea to name a successor Agent in case your Agent dies or becomes disabled and you are no longer competent to name a new Agent. In such a situation, you would no longer have the power to appoint a new Agent and it might be necessary for a court to appoint someone for you.

Generally, it is acceptable and quite common to name your spouse as your Agent. However, some states have special laws restricting the spouse from selling or mortgaging your residence. In that situation, a spouse can still be the primary Agent, but, in addition, a substitute Agent should be appointed to handle your real estate.

Without regard to real estate issues, it is also advisable to name a successor Agent who can serve if your spouse becomes unable to do so, or if you become legally separated or divorced from your spouse.