Power of attorney guidelines

ARTICLE TAKEAWAYS

  • Review the definition of power of attorney
  • Learn how to submit a request when an attorney-in-fact is acting on behalf of your client
  • Understand how to certify POA documents

A power of attorney (POA) is a document that gives an authorized individual, an attorney-in-fact, the ability to handle some or all of a person’s business affairs. The POA document states what actions an attorney-in-fact is authorized to perform and whether authorization continues if the individual becomes incompetent.

An attorney-in-fact may not be able to act on some account types (for example, trust accounts, UGMA/UTMA accounts and some employer-sponsored retirement plans) since the authority and power of a fiduciary cannot be delegated.

If you have questions about your client’s specific situation, contact us.

Submitting a request

To complete a transaction or any other request, a financial professional can contact us or go online. However, if the attorney-in-fact is acting on the account, he or she must submit the request in writing with a copy of the POA document. POA documents are not kept on file for future use. The POA document must:

  • Grant the attorney-in-fact the power to authorize the request
  • Be certified within 30 calendar days of receipt by Capital Group

 

Certifying a POA

The POA can be self-certified by the attorney-in-fact or certified by a third party.

Self-certification requirements

The ability to self-certify a POA is determined by the laws of the state in which the account owner resides (see below). To self-certify a POA document, the attorney-in-fact can complete the Power of Attorney Self-Certification form. The form must be notarized and received within 30 days of notarization. A copy of the POA document must be provided with the request and the original self-certification form.

  • Alabama (AL) — Allowed for POAs executed on or after January 1, 2012
  • Arkansas (AR)
  • Colorado (CO)
  • Connecticut (CT)
  • District of Columbia (DC)
  • Florida (FL)
  • Georgia (GA) — Allowed for POAs executed on or after July 1, 2017
  • Hawaii (HI)
  • Idaho (ID)
  • Indiana (IN) — Allowed for POAs executed on or after June 30, 1991
  • Iowa (IA)
  • Kansas (KS)
  • Kentucky (KY)
  • Maine (ME)
  • Maryland (MD) — Allowed for POAs executed on or after October 1, 2010
  • Massachusetts (MA) — Allowed for POAs executed on or after July 1, 2009
  • Michigan (MI)
  • Minnesota (MN) — Allowed for POAs executed on or after August 1, 1984
  • Mississippi (MS) — Allowed for POAs executed on or after July 1, 1994
  • Montana (MT)
  • Nebraska (NE)
  • Nevada (NV) — Allowed for POAs executed on or after October 1, 2009
  • New Hampshire (NH)
  • New Jersey (NJ) — Allowed for POAs executed on or after November 7, 2000
  • New Mexico (NM)
  • New York (NY) — Allowed for New York Statutory Short Form POAs executed on or after September 1, 2009
  • North Carolina (NC)
  • North Dakota (ND) — Allowed for POAs executed on or after January 1, 1990
  • Ohio (OH)
  • Oklahoma (OK) — Allowed for POAs executed on or after January 1, 2004
  • Oregon (OR) — Allowed for POAs executed on or after January 1, 1992
  • Pennsylvania (PA) — Allowed for POAs executed on or after January 1, 2000
  • South Carolina (SC) — Allowed for POAs executed on or after January 1, 2017
  • South Dakota (SD) — Allowed for POAs executed on or after January 1, 1991
  • Tennessee (TN) — Allowed for POAs executed on or after March 28, 2007
  • Utah (UT)
  • Vermont (VT) — Allowed for POAs executed on or after June 13, 2002
  • Virginia (VA)
  • Washington (WA) — Allowed for POAs executed on or after July 22, 2001
  • West Virginia (WV)
  • Wisconsin (WI) — Allowed for POAs executed on or after September 1, 2010


If your clients state does not appear above, state law does not allow self-certification. See the next section for further information.

Third-party certification requirements

If the applicable state law does not allow self-certification, a third party, such as a bank, financial professional or attorney (whose name appears on their firm’s letterhead), must certify the POA. The certification must:

  • Be the original document
  • Be signed
  • Be dated within 30 days of receipt
  • State that the POA is “in full force and effect”
     

A medallion guarantee can be provided as certification in lieu of the certification language if it:

  • Is an original stamp placed on the title page of the POA document
  • Is dated within 30 calendar days
  • States “maker is competent” when used to certify a general POA

 

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The guidelines and procedures provided in the Account Resource Center may not apply to networked accounts or accounts not directly held by American Funds. The guidelines and procedures provided also apply only to those retirement accounts or Coverdell ESAs invested in American Funds with Capital Bank and Trust Company (CB&T) as custodian. The guidelines and procedures provided in the Account Resource Center do not apply to plans held in our retirement plan solutions — PlanPremier, PlanPremier-TPA or RecordkeeperDirect. Information on the Account Resource Center may change periodically, and previously printed information may not be current. Please refer to capitalgroup.com for the most current information available.

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