Special Power Of Attorney printable pdf download

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INSTRUCTIONS FOR COMPLETING VERMONT

DEPARTMENT OF TAXES SPECIAL POWER OF ATTORNEY (POA)

FOR USE VALUE APPRAISAL PROGRAM

A new law (14 V.S.A. Chapter 123) concerning POAs became effective July 2, 2002. All

POAs submitted to the Department of Taxes beginning July 1, 2002 must comply with

the new law (however, any POA executed prior to July 1, 2002 and valid under law then

in effect will continue to be valid).

The most important changes concern the execution of a POA. A POA which does not

comply with the new execution requirements will not be valid. In order to be valid, every

Vermont Department of Taxes special POA must meet all of the following requirements:

1) POAs must be signed by the principal in the presence of at least one witness and

acknowledged before a notary public, who cannot be the same person as the

witness. The person named as agent cannot serve as witness or notary. THE

DEPARTMENT OF TAXES WILL NOT ACCEPT POAS WHERE THE WITNESS

AND NOTARY ARE THE SAME PERSON.

2) The witness must affirm that the principal appeared to be of sound mind and free

from duress at the time of signing and that the principal affirmed that he or she was

aware of the nature of the document and signed it freely and voluntarily.

3) POAs also must be signed by the agent. This does not have to happen at the same

time the principal signs, but must happen before the POA can be used. THE

DEPARTMENT OF TAXES WILL NOT ACCEPT POAS UNLESS SIGNED BY THE

AGENT.

4) When signing, an agent must attest that he or she accepts appointment as agent

and understands the duties of agent, both under the POA and under the law. In

addition, there are two optional provisions, which, if chosen in a POA, require

attestation by agents. First, if a POA gives an agent a duty to act as to powers given

(as opposed to merely the authority to act), the agent must attest that he or she

understands that duty. Second, if the agent is expected to use special skills or

expertise on behalf of the principal, he or she must so attest.

Special Power Of Attorney