Power of Attorney Services: What is it & How to Get One? (2024)

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Power of Attorney Services: What is it & How to Get One? (2)

Power of attorney

When you need someone to handle your finances on your behalf

A power of attorney is a legal document giving a person (known as the agent) broad powers to manage matters on behalf of another person (known as the principal). Under certain circ*mstances, Bank of America allows agents to be added to the principal's accounts (depending on the specific situation, we may limit the types and sizes of transactions an agent may perform).

Executing a power of attorney document can permit an agent to act on your behalf in financial matters such as filing taxes, selling property, refinancing a mortgage and depositing or cashing checks. You can discuss your power of attorney options with us during an appointment at your local financial center (if you're a Merrill Lynch or Private Bank client and have questions regarding power of attorney and your accounts, please contact your Advisor for assistance).

Before you schedule your financial center appointment

Tell us how we can help you:

I want to add a power of attorney to my Bank of America account(s) I want to add a power of attorney to my Bank of America account(s) I want to add a power of attorney to my Bank of America account(s)

I want to remove a power of attorney from my Bank of America account(s) I want to remove a power of attorney from my Bank of America account(s) I want to remove a power of attorney from my Bank of America account(s)

I have another question about power of attorney and my finances I have another question about power of attorney and my finances I have another question about power of attorney and my finances

You’ll need to schedule an appointment at your convenience so you can submit your power of attorney document for review.

In order to add an agent to your Bank of America deposit account at no cost:

  • We recommend that you, as the principal, accompany the agent to a financial center and provide a fully executed, notarized power of attorney document (learn more about notary serviceslearn more about notary serviceslearn more about notary services)
  • You need to provide us with a list of account numbers to which you want the agent to have access
  • The agent must provide valid and unexpired IDs, one of which should be a government-issued photo ID

The power of attorney and ID documents will be reviewed by the bank. Due to the complexities of power of attorney documents, multiple reviews may be required. As a result, the review process may require more than one visit to the financial center if further documentation is required.

We may require additional documents depending on the power of attorney document and the circ*mstances. For example, sometimes a power of attorney requires a letter from a doctor to be effective, or the circ*mstances may require a doctor’s note regarding the principal’s capacity.

Before you schedule your appointment you may wish to check with a trusted legal advisor to confirm that the document is up to date and meets the requirements of laws in your state. These may include:

  • How to grant specific and general powers
  • Language on durability
  • Signatures by the principal, notary and/or witnesses
  • Court filing (if applicable)

Please be aware that additional documents may be requested depending on the power of attorney document and the circ*mstances.

Next step: Schedule an appointment so you can submit your power of attorney document for review. Please bring all necessary documents to your appointment.

Schedule an appointmentSchedule an appointmentSchedule an appointment

We recommend that you contact a legal advisor for guidance in obtaining and executing a power of attorney.

Your legal advisor can prepare a power of attorney document that covers a broad range of assets and transactions and can be presented at multiple financial institutions. It’s recommended that you work with your legal advisor to consider options in completing and using a power of attorney, including ways to guard against the potential for misunderstanding or even financial abuse.

Note: As a convenience and at no cost to you (and subject to applicable state law), Bank of America customers may, in most states, establish a limited power of attorney for banking transactions solely for Bank of America deposit accounts and safe deposit boxes.

You, as the principal, must accompany the agent to a financial center and provide a list of account numbers to which you want the agent to have access (a form must be completed for each account). You and the agent must provide valid and unexpired IDs, one of which should be a government-issued photo ID.

Next step: Schedule an appointment to discuss your options and find out if a limited power of attorney for banking transactions is available in your state.

Schedule an appointmentSchedule an appointmentSchedule an appointment

Let’s schedule an appointment to remove a power of attorney from your Bank of America account.

As the principal who executed the power of attorney, you may revoke it at any time. We recommend you consult with a legal advisor for assistance with obtaining the proper documentation.

In some states (and applicable to state law), Bank of America offers revocation forms. (Note that a power of attorney automatically terminates upon the death of the principal.)

Schedule an appointmentSchedule an appointmentSchedule an appointment

If your specific situation isn’t addressed in the common questions you may have section of this page, we’re always ready to help. Simply schedule an appointment to meet with an associate in a financial center to discuss your specific needs. Find a financial centerFind a financial centerFind a financial center

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Please note: While powers of attorney can be helpful, you should only grant a power of attorney if you are confident that the agent you choose will act in your best interest. Because a power of attorney may grant very broad power over your property, including your bank accounts, we recommend that you consult a legal advisor, estate planner or other tax professional to see what's right for your situation. Laws governing powers of attorney vary by state; your legal advisor can guide you through the various issues and statutory requirements.

Bank of America Life Plan® is an easy way to set and track short- and long-term financial goals, get personalized advice when you need it most and more.

For online resources, check out our digital banking capabilities and learn how you can use our tools to better manage your finances. Erica is available 24/7 to offer personalized, proactive guidance.

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Power of Attorney Services: What is it & How to Get One? (3)

Need to make changes to an account?

Most account changes require that you schedule an appointment to meet with an associate in one of our financial centers.

See what's needed to make account changesSee what's needed to make account changesSee what's needed to make account changes

Power of Attorney Services: What is it & How to Get One? (4)

Looking for notary services?

Bank of America provides our customers with notary services free of charge in our financial centers nationwide.

Learn more about notary servicesLearn more about notary servicesLearn more about notary services

Estate servicesLosing someone can be stressful. Navigating their financial affairs doesn't have to be.Explore estate servicesMedallion signature guaranteeNeeded for many securities transfers. Provided free of charge to our clients.Explore medallion servicesElder financial careWe can assist you with the unique needs of financially caring for aging parents and loved ones.Explore elder financial careNotary servicesAvailable in our financial centers — at no cost to our customers.Explore notary servicesAccount changesIn order to update your account, you'll typically need to bring documents to an appointment in a financial center.See what's needed for account updatesPower of attorneyWe can help you add someone to your account so they can handle your finances on your behalf.Explore power of attorney services
Power of Attorney Services: What is it & How to Get One? (2024)

FAQs

How much does a power of attorney cost in New Jersey? ›

The cost of creating a power of attorney in New Jersey can vary based on numerous factors, including the type of POA, the complexity of your needs, and the professional you choose to draft it. A straightforward POA may cost as little as $200, while more complex arrangements can rise to $600 or more.

Do you need a lawyer for power of attorney in NJ? ›

State laws regulate how power of attorneys are processed and what is required to make it legal, which means this type of document is best created with the guidance of a New Jersey attorney.

What is the best form of power of attorney? ›

For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more—or add powers, Berkley says.

What are the risks of being a power of attorney? ›

Potential Disadvantages of Being a Power of Attorney

If you breach your duty, you could owe the principal compensation for damages. The principal could sue you if you did not act in their best interest. A POA could be held responsible if they sign an agreement that could hold them financially liable.

How many witnesses are needed for power of attorney in NJ? ›

In order to ensure the validity of the Power of Attorney, it should be witnessed by two people.

Does a POA expire in NJ? ›

Power of Attorney Documents used in New Jersey

It goes into effect immediately and ends upon the incapacitation or death of the principal. This point bears restating: If the principle becomes incompetent due to mental or physical illness, a general POA becomes invalid.

Who can override a power of attorney in New Jersey? ›

Revocation by the Principal

The person who granted the power of attorney, known as the principal, retains the right to revoke it at any time as long as they are still competent. They can do so by signing a written revocation statement and providing notice to the agent and any institutions where the POA was used.

Who makes medical decisions if there is no power of attorney in New Jersey? ›

If there is nothing in place providing for this, the state will need to appoint a guardian to make these decisions on your behalf. The best way to avoid this, especially when critical decisions must be made, is to have a health care proxy in place.

How do I transfer power of attorney in NJ? ›

Transferring a power of attorney in NJ
  • Write a statement revoking your existing POA. ...
  • Tell the formerly-nominated person that you're changing your POA.
  • Give copies of the revocation to all relevant parties: your attorney, the formerly-nominated person, and any financial institutions who may have your POA on file.
Dec 14, 2021

Which is a key disadvantage of a power of attorney? ›

A Power of Attorney Could Leave You Vulnerable to Abuse

When you have designated an agent to act for you, that person gets a lot of authority over your money, property, and decision-making.

What is more powerful than power of attorney? ›

Unlike power of attorney, a California conservatorship is done through a court order, has more steps involved, and is not initiated by the person whose rights are being transferred. Here the court decides when a person is incapacitated and will benefit from a representative to make decisions.

What three decisions cannot be made by a legal power of attorney? ›

What three decisions cannot be made by a legal power of attorney? A power of attorney cannot change or invalidate a will, act outside of the principal's best interest, or violate the terms of nominating documents, and cannot make decisions on behalf of the principal after their death.

What does power of attorney give you authority over? ›

A power of attorney (POA) is a legal authorization that gives the agent or attorney-in-fact the authority to act on behalf of an individual referred to as the principal. The agent may be given broad or limited authority to make decisions about the principal's property, finances, investments, or medical care.

What is an example of signing as power of attorney? ›

Expect to sign with your full name, followed by the appropriate nomenclature, such as attorney-in-fact. Here are common formatting styles you may see: Jean Norman, attorney-in-fact for Morgan Spencer. Morgan Spencer, by Jean Norman as POA.

Is it safe to email a power of attorney? ›

The U.S. Supreme Court has ruled that there is no reasonable expectation of privacy in email. However, if you have recorded the Durable Power of Attorney in the county deed records (needed for it to be effective with regard to real estate in that county), it is no longer private anyway. This is general information.

How much does an attorney cost in NJ? ›

Lawyers in New Jersey typically charge between $161 and $548 per hour, with the average being $306.

How much does a power of attorney cost in the US? ›

On average, power of attorney in costs about $750 with average prices ranging from $500 to $1000 in the US for 2023 to have a lawyer create a power of attorney for you according to PayingForSeniorCare. Some sites allow you to create a POA online for about $35 but you will also have to get it notarized for about $50.

What is the average fee for an estate attorney near New Jersey? ›

Rates. In general, estate attorneys who handle probate and estate administration cases typically charge either an hourly rate or a flat fee for their services. Hourly rates for attorneys in New Jersey can range from $150 to $350 per hour, with the average rate being around $250 per hour.

What is a durable power of attorney in New Jersey? ›

For a POA to be considered durable in New Jersey, the document must contain language stating that it will remain in effect even if the principal becomes incapacitated.

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