Legal Question in Wills and Trusts in Georgia
Activating a Power of Attorney
I have a Power of Attorney document namimg my daughter as my agent. I have signed and had the document noterized. If I require a business transaction on my behalf, how does my daughter execute this transaction. Does it require a court order along with the Power of Attorney to have my broker sell a security and send me the money for medical needs?
2 Answers from Attorneys
Re: Activating a Power of Attorney
Take the document to your broker and have him review it. He should be the one to tell you whether it is sufficient for his purposes or not.
Re: POA
Power of Attorney forms can convey limited or general powers to the agent depending on how it is drafted. A "Durable Family Power of Attorney" is most often used to convey a broad range of powers that will enable the agent to perform a multitude of tasks for the principal. With the broker - they probably have their own form that will enable your daughter to make decisions on your behalf specifically for the brokerage account. I would use their form. The General POA is still good to cover transactions where a specific form is either not available or cannot be used (ie. the principal is disabled and unable to execute the form).