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Let’s get started by reviewing the process you should follow to obtain your power of attorney. Read this brief book to better understand the importance of a power, how it can be used, and some of the tailoring you might need to do to address your situation. Make notes as to specific issues or concerns on special items that should be addressed in your power of attorney. You are ready to get started:

•Gather the information necessary for the preparation of a power of attorney. As this book discusses, you need to take a broader view of your overall planning so that you can ascertain not only what provisions to include in your power of attorney, but what other planning steps are necessary to fully accomplish your goals. Appendix A includes a checklist you can complete to prepare some of this information. But bear in mind that any checklist or form is only a starting point. The key, and perhaps what might be referred to as the “art” of planning, is tailoring the standard steps to meet your personal needs.

•The laws governing powers of attorney vary considerably from one state to another. So hire an attorney in your state to prepare your power of attorney document. Although the discussions in this book will give you many ideas as to how to personalize forms you might find elsewhere, optimally tailoring such a powerful and complex document to your needs and specifications is unlikely to be done well without the help of an attorney. Using an inexpensive Internet form is enticing to many people but there are problems in trying to design your own power of attorney just as there are problems in writing your own will. The next chapter critiques that process. Read this chapter first so you understand more of what is involved in properly planning for a power of attorney so you can fully evaluate what you should, and should not, do on your own.

•Review the draft power of attorney with your lawyer and be sure that it is tailored to address your personal circumstances and goals. This might include your financial status, health (see Appendix B), religious considerations (see Appendix C), or other matters you or your attorney identify. Ask your attorney to provide you an overview so you understand the document in broad strokes. A 15 to 20 minute run-through will make your later more detailed reading of the document much easier and less frustrating. In addition to the general overview, have your attorney identify the key provisions tailored to your specific situation.

•Sign the power of attorney with appropriate formalities (e.g., witnesses and notary).

•Secure the original in a fireproof and safe location. A bank safe deposit box is not likely to be optimal because the days and hours of access may be limited. More important, your agent will need the power of attorney you put in the safe deposit box to prove to your bank that he or she has the right to access the box.

•Determine how many originals should be signed. Many lawyers recommend that multiple copies be signed. Sometimes a third party like a bank or real estate broker will request or insist on an original. Your agent might appreciate having an original. This and other practical aspects of working with powers of attorney are discussed later.

•Save an electronic copy of the original. Scanning is simple and scanners can be purchased for modest prices online or at any office supply store. If you don’t usually scan legal documents, now is a good time to start. It is a great way to secure documents and increase the likelihood of a copy being readily identified in an emergency. The printer you may have in your home now may be a 3-in-1 printer/copier/scanner that might suffice. While you might photograph the document with a smart phone, and apps are available to make pictures of documents better, the quality may not be what you need in an emergency. Also, a PDF resulting from a scan is likely to be more useable than an alternate format.

•Ask your attorney whether you should record (file) a power of attorney with the recording office (county clerk) where you reside. This is not normally done but in some instances might be advisable.