What you need to know about power of attorney:
- A power of attorney (POA) is a legal document that appoints a person, known as the agent, to act on behalf of another individual, the principal, when they are unable to do so themselves.
- A POA can help immigrants manage their financial affairs if they are detained or deported.
- If an immigrant is detained, a POA can allow an agent to transfer funds from a bank account to secure legal services or to support family members
- Depending on the individual’s circumstance, a POA may not always be needed.
- Seek legal assistance if a POA document is difficult to understand.
Approximately 250,000 immigrants have been ordered deported by New York immigration courts over the past 25 years, according to exclusive data obtained by Documented. To prepare for a potential deportation, some undocumented migrants are taking steps to protect their families and finances.
One option is a power of attorney (POA), which allows a designated person to manage financial matters on their behalf. While a POA may not be necessary in every case, here’s what you need to know about its purpose and how it works.
What is a power of attorney?
A power of attorney (POA) is a legal document that appoints a person, known as the agent, to act on behalf of another individual, the principal, when they are unable to do so themselves. While often used when a person becomes unable to make decisions due to age or a medical condition, a POA can also help immigrants manage their financial affairs if they are detained or deported.
For example, a POA could allow the agent to transfer funds and make withdrawals from a bank account while a migrant is in detention. These funds can be used to pay fees for legal representation, cover rent payments, and support family members.
Is a POA always necessary?
Whether you need a POA depends on your circumstances. If you have a co-signer on your bank account, a POA may not be necessary. However, if you own property and need someone to sell it after deportation, a POA could be essential.
A POA may also allow an agent to withdraw funds or transfer money from U.S. banks after deportation. However, if your bank permits account management from outside the U.S., a POA might not be needed.
It’s best to assess your situation individually.
Can I sign a POA if I am detained?
A notary public can be hired to travel to a detention center to meet with an incarcerated person. Each facility has its own protocols and may require prior approval for a visit.
How do I file a POA?
Once you have established that a POA is necessary, and have spoken with someone you trust to be your agent, you can proceed to create the legal document.
New York State offers a Statutory Short Form POA, which includes the required information to grant authority for real estate transactions, banking transactions, business operations, and more. Individuals may also customize their POA as needed.
The principal and the agent must both sign the document in front of a notary public. The agent’s authority takes effect after they sign in front of the notary public. In New York, a POA cannot be done remotely.
Is there a cost to do a POA?
Filling out a Power of Attorney is free and most governmental agencies have instructions in the form about how to fill them out. To validate the POA, however, you will need the signature of a public notary which costs $2 per signature in the state of New York. If the notary traveled to you, the cost might be higher.
If you hired a lawyer or notary to create a custom POA, the cost can range anywhere from $150 to $500. It is best to inquire before starting the process.
Can I cancel a POA?
Yes. According to the statutory short form, “you can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly.”
Once revoked, you must also notify any agency or third party that has interacted with your agent.
Can a POA be used for immigration matters?
No. A POA does not grant the agent authority over immigration matters, like attending immigration hearings as a legal representative or filing forms on their behalf.
A POA can be used to help secure legal representation from a DOJ-accredited immigration lawyer.
