Ratification of Power of Attorney
A Power of Attorney is the legal power you can give to a representative, usually a family member or a trusted individual. A power of Attorney is usually given to a selected individual in the occurrence of events such as: mental incompetence or absence. When an individual is given a Power of Attorney, they then become your attorney-in-fact or agent and may now make decisions for you. You may be able to give a trusted individual power over your financial matter such as tax paying or banking matters and may even work for Motor Vehicles.
To be able to legally appoint a representative as your attorney-in-fact, you will need to sign and complete a fill-in-the-blank form which is usually a few pages long. Completing a form is the ratification of Power of Attorney and is made official by the signing of the legal document. In order for this form to manifest fully, you must sign it in front of a notary public or in some states, witnesses.
A Power of Attorney ends when you declare so, you may be able to state a date as to when the Power of Attorney ends. Your Power of Attorney also ends if you revoke it, and you may be able to revoke it for a number of reasons such as: trust issues, wanting to take back full control over a business, wanting to appoint a new person to become an agent, divorce, or you are no longer absent and are fully able to make your own decisions. As long as you are mentally competent for all of the aforementioned situations, the discontinuance of the power of attorney will be granted. Finally, the Power of Attorney naturally ends at your death, which means that the individual you have assigned will no longer have any power over what is stated in the legal documents unless you mention them in your will as an “executor.”
Ratification Of Power Of Attorney
Ratification of Power of Attorney
STATE OF _________________
COUNTY OF ________________
_____________________, having been sworn or affirmed to tell the truth, states:WHEREAS, on ____________, ___________________ executed a power of attorney naming myself as their attorney in fact, and,
WHEREAS, on _______________ I began to act under that power, and,
WHEREAS, ________________ is requesting verification that the power is still in force and effect,
________________________, having personal knowledge of the facts and circumstances herein, certify that the power of attorney referred to herein is still in full force and effect and that I am not aware of any event which would result in the power of attorney lapsing having taken effect.
Dated: ________________________________________
________________________________________________________
Sworn to and subscribed before me on ___________________, 199___.
_______________________________________________________
Notary PublicMy Commission Expires:
Ratification of Power of Attorney
Review ListThis review list is provided to inform you about this document in question and assist you in its preparation. This document seeks to affirm and ratify the continuing appointment as Power of Attorney. This is a wise choice for someone caught up in an ambiguous or troubled situation who has a Power of Attorney. To avoid later blame, getting a ratification is a smart move.
1. Make multiple copies. Give each party with an interest in the matter a copy.
Frequently Asked Questions
What is a ratification of power of attorney?
A ratification of power of attorney is a sworn statement used to confirm that a power of attorney remains in full force and effect. In the document, the attorney in fact certifies that they are not aware of any event that would cause the power of attorney to lapse. It is often requested when a third party needs verification that the agent's authority is still valid.
When would I need a ratification of power of attorney?
You would need a ratification of power of attorney when someone, such as a financial institution, requests verification that the power of attorney is still in force and effect. The document states that the principal or another party is requesting this verification. It is typically used after the agent has begun acting under the power of attorney.
Who signs a ratification of power of attorney?
The attorney in fact signs the ratification of power of attorney. The document identifies the person who was named as attorney in fact and who has personal knowledge of the facts and circumstances. They swear or affirm to tell the truth and certify that the power of attorney is still in full force and effect.
Does a ratification of power of attorney need to be notarized?
Yes, the ratification of power of attorney includes a notary acknowledgment. The document states that it is sworn to and subscribed before a notary public. The notary public signs and includes their commission expiration date.
What information is included in a ratification of power of attorney?
The ratification of power of attorney includes the state and county where it is executed, the date the power of attorney was executed, the name of the attorney in fact, the date the attorney in fact began acting under the power, and the name of the person requesting verification. It also includes a statement by the attorney in fact that the power of attorney is still in full force and effect and that they are not aware of any event that would cause it to lapse. The document is dated and signed before a notary public.
What does the attorney in fact certify in a ratification of power of attorney?
The attorney in fact certifies that the power of attorney referred to in the document is still in full force and effect. They also certify that they are not aware of any event which would result in the power of attorney lapsing having taken effect. This certification is made under oath or affirmation.
Is a ratification of power of attorney the same as the original power of attorney?
No, a ratification of power of attorney is a separate document from the original power of attorney. The original power of attorney is the document that grants authority to the attorney in fact. The ratification is a sworn statement that confirms the original power of attorney remains in effect.
How long is a ratification of power of attorney valid?
The ratification of power of attorney does not specify a validity period. It certifies that the power of attorney is still in full force and effect as of the date it is signed. If circumstances change, a new ratification may be needed.
Can a ratification of power of attorney be used in any state?
The ratification of power of attorney includes a state and county heading, indicating it is executed in a specific jurisdiction. It is sworn to before a notary public in that state. Whether it is accepted in another state depends on the laws of that state and the requirements of the party requesting it.
What is the purpose of the review list in a ratification of power of attorney?
The review list is provided to inform you about the document and assist in its preparation. It helps ensure that the ratification of power of attorney is properly completed and understood. The review list is not part of the sworn statement itself.





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