How to Draft a Power of Attorney Letter (in English)

Understand the purpose of a power of attorney letter. A power of attorney grants someone else the authority to act on your behalf in specific situations. It is primarily used when the letter writer cannot represent themselves. Examples of situations requiring a power of attorney include:

• Parents or guardians can grant babysitters the authority to make basic emergency medical decisions for the children under their care.
• You should write a power of attorney for minors traveling with adults who are not their parents or guardians. This protects your child from issues like child trafficking and custody disputes.
• If you have funds in a bank where transactions are not easily accessible, you can draft a power of attorney to allow someone else to handle account-related issues or financial matters.
• A power of attorney can authorize the release of personal information, such as medical records.
• You can also use a power of attorney to delegate authority to another organization to handle urgent financial transactions on your behalf. Sometimes, business contracts cannot be delayed; if temporarily unavailable, you can write a letter of authorization and grant temporary decision-making power to a trusted colleague.

Identify the parties involved in the power of attorney letter. There are three parties involved in a power of attorney letter. The first party is the principal, such as a child's parent or a bank account holder. The second party is the organization or individual the principal is transacting with, such as a financial institution or hospital. The third party is the person the principal appoints to act on their behalf in their absence. The letter is addressed to the second party.

• The letter will outline the rights granted to the representative, who will act on your behalf.
• If the second party is unknown (especially in potential emergency situations), you can simply write "To whom it may concern."

You should type the power of attorney letter instead of handwriting it. A handwritten letter can be difficult to read and may appear less professional compared to a typed one. A power of attorney is a crucial document that grants someone else legal or financial authority on your behalf. The letter must be drafted meticulously. In case of disputes over the letter's validity, this document can be used as evidence in court.

Place your name and address in the top left corner of the page. Follow the standard format for business correspondence. Your name should be on the first line, your address on the second line, and the city, state, and ZIP code (or country if you live abroad) on the third line. All lines (including subsequent details) should be single-spaced.

Write the date. After writing your name and address, skip a line and add the current date on the next line. Write the date in full (e.g., May 2, 2017). Avoid abbreviating the date.

Next, type the recipient's name and address. Add a blank line between the date and the recipient's name and address section. The recipient's information should follow the same format as yours.

• Note that the recipient is not the authorized person. You are granting authority to a third party (an agent) to act on your behalf, while this letter is addressed to the second party (the entity you and your representative will transact with).
• You may leave this section blank if you don't know the party you will be dealing with. For example, if you are granting emergency medical authority for your child to a babysitter in case you cannot be reached, you won't know which hospital will handle the emergency.

Write the salutation. Use appropriate titles such as "Dr.," "Ms.," "Mrs.," or "Mr.," and avoid informal names. The salutation can begin with "Dear" or a more formal greeting, but avoid using just "To."

• Use the full name and title of the person the letter is addressed to.
• If you don't know the specific name of the party your agent will deal with, write "To whom it may concern."

Keep the power of attorney letter concise and precise. Longer letters may contain more information that could be misinterpreted. A short and to-the-point power of attorney letter is less likely to lead to misunderstandings.

Describe the tasks you are delegating to your representative. Ensure your power of attorney letter is clear and specific. Provide detailed information about the rights you are granting. For example, your representative may be authorized to perform medical procedures, sign legal documents, or withdraw funds from your account in your absence. Here's how to start the power of attorney letter:

• I, (insert your full name), hereby authorize (insert the full name of the agent) to release to (insert the organization receiving your medical records), the following medical information from my personal medical records: (list the medical information).
• Provide specific details of the delegation. If the letter involves your medical information, include your insurance number and claim details. For legal assistance, include the case number. For financial matters, list the relevant account information.

Specify the duration of the authorization. Clearly state when the authorization begins and ends. For example, you could write, "The proxy is authorized to make medical decisions for my child while staying at (your address) from May 1, 2017, to May 15, 2017."

• In some cases, you may not know the exact timeframe, such as when authorizing someone for an emergency. For such authorizations, specify the duration. For instance, "In the event of an emergency, the proxy is authorized to act on my behalf for 30 days."

Provide the reason for the authorization. Explain why you need a representative to act on your behalf. This could be due to illness, being away, or being unavailable for a certain period.

Clarify the limitations of the authorization. You can define restrictions on the authorized person's rights. For example, you might state that the proxy is not allowed to use your medical information for any purpose other than what is mentioned in the letter. Alternatively, you could specify that the agent cannot make certain financial decisions on your behalf without prior written approval.

Close the letter. Conclude the letter with a closing phrase like "Sincerely." Leave four blank lines for your signature, followed by your full typed name.

Format the letter properly. A power of attorney letter is a form of business correspondence and should be formal in both appearance and content. The standard for business letters is that all components are left-aligned. The body of the letter should be single-spaced with no indentation. Insert a blank line between the salutation and the first paragraph, as well as between paragraphs.

Find a witness or notary. A witness is someone who observes you signing the power of attorney letter. This ensures that you sign the letter voluntarily and that you are indeed the person granting the authority. In some cases, the power of attorney should be notarized. A notary is a person authorized by the local government to certify legal documents.

• This person must not be related to any of the parties named in the letter.

Sign the letter. Print the letter and sign it using blue or black ink. You may also add the date next to your signature, which is the date you signed the letter.

• The witness must also sign and date the letter, or you can request a notary to notarize it.

Give the original to the representative. In most cases, the authorized person will keep the letter as proof of their granted authority. They may need to present this document to immigration officers, for example, if they are traveling internationally with your child.

Keep a copy of the letter. You must retain a copy of the letter for your records. You may need to present it if there are any questions regarding your authorization of the representative.