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Power of Attorney Guidelines

Solution

A Power of Attorney (POA) or letter of attorney is a written authorization to act on another's behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor (of the power), and the one authorized to act is the agent, done, attorney, or in some common law jurisdictions, the attorney-in-fact.

Power of Attorney Types

The following table includes the POA types and the level of authorization.
 

TypeDescription
Special or LimitedAuthorizes an agent to act on the customer's behalf in specific situations or specific purposes.
GeneralAuthorizes an agent to act on the customer's behalf in a variety of situations.
Health Care or Medical
  • An agent is authorized to make health care decisions for the patient (customer) due to incapacitation.

    Note: A living will is not a POA.

  • A medical POA is not acceptable for changes on a Cox account.
Durable

Remains in place even if the customer becomes mentally incapacitated. This type can be a General, Special, or Health Care POA.

Note: A medical POA is not acceptable for changes on a Cox account.

Psychiatric Advance DirectivesEnables preferences for care before the patient (customer) becomes incapacitated by recurring mental illness.
SpringingTakes effect at a specified future time or when a specified event occurs, such as the customer becoming mentally incapacitated.
FinancialApplies to securities broker to perform extensive investment functions on the principal's (customer's) behalf.
Revocation of Power of AttorneyAllows the customer to revoke a POA document.

Cox Qualifications for Accepting a POA

  • The POA must be in writing. Oral agreements are not accepted.
  • The POA must indicate that it is specifically for managing the account holder's financial affairs or accounts.

    Note: A medical POA is not acceptable for changes on a Cox account.

  • The grantor (customer) of the POA must be the account holder for the Cox account.
  • The POA must be signed by correct parties.
  • The POA must include effective dates.
  • The POA must be notarized.
  • If the grantor (customer) dies, the POA is no longer valid.

Refer to the following table state specific POA requirements.

StatePOA Requirements
Arizona
  • The POA must be notarized.
  • The POA must be signed by a witness who is not any of the following persons.
    • The individual being granted POA
    • A spouse or child of the individual being granted POA
    • The notary public
ArkansasAuthorizes an agent to act on the customer's behalf in a variety of situations.
California
  • Verify the POA is dated.
  • A POA may either be notarized or signed by two adult witnesses.
  • The individual being granted POA may not be one of the witnesses.
Connecticut
  • Verify the POA is dated.
  • The POA must be signed by two witnesses.
  • The POA must either be notarized or signed and acknowledged by a commissioner of the Superior Court (or other individual authorized by law to take acknowledgments).
Florida
  • The POA must be signed by two witnesses.
  • The POA must be notarized.
  • The individual being granted POA must be an adult at least 18 years of age.
IdahoThe POA must either be notarized or signed and acknowledged by another individual authorized to take acknowledgments.
Iowa
  • The POA must either be notarized or signed and acknowledged by another individual authorized by law to take acknowledgments.
  • The individual being granted POA may not serve as the notary.
Kansas
  • Verify the POA is dated.
  • The POA must be notarized.
LouisianaThe POA must be notarized.
MassachusettsThe POA must be notarized.
NebraskaThe POA must either be notarized or signed and acknowledged by another individual authorized by law to take acknowledgments.
NevadaThe POA must either be notarized or signed and acknowledged by another individual authorized by law to take acknowledgments.
North CarolinaThe POA must either be notarized or signed and acknowledged by another individual authorized by law to take acknowledgments.
OhioThe POA must either be notarized or signed and acknowledged by another individual authorized by law to take acknowledgments.
OklahomaThe POA must be signed by two adult witnesses who are not any of the following persons.
  • Related to the customer by blood or marriage
  • The individual being granted POA or his / her relative by blood or marriage
Rhode IslandThe POA must be notarized.
VirginiaThe POA must either be notarized or signed and acknowledged by another individual authorized by law to take acknowledgments.

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