NOTICE TO TRIBAL MEMBERS ON POWER OF ATTORNEY DOCUMENTS
9/19/2005 12:00:00 AM
Due to some recent questions and concerns regarding Powers of Attorney for Saginaw Chippewa Tribal Members, the issue was addressed by Tribal Council.
The Tribal Council approved a Checklist For Accepting a Power of Attorney Document in an effort to better accommodate Tribal Members and minimize any concerns regarding the use of power of attorney documents.
This new procedure will be implemented by the Tribal Clerk beginning Monday, September 26, 2005.
Prior to the Tribal Clerk accepting a Power of Attorney document, all of the requirements listed on the Power of Attorney checklist must be met.
Please note that the Tribal Clerks office will NO longer be providing blank power of attorney forms.
Tribal Members will be responsible for providing their own power of attorney documents to the Tribal Clerk.
A copy of the Checklist For Accepting a Power of Attorney Document is shown below.
Review the checklist so that you are aware of what requirements are necessary in order to have a power of attorney document acceptable to the Tribe.
CHECKLIST FOR ACCEPTING A
POWER OF ATTORNEY DOCUMENT
NOTE: The person who signs (executes) a Power of Attorney is referred to as the "Principal".
The person who accepts the power and will be able to make legal decisions and take legal action on behalf of the Principal is referred to as the "Agent" or "Attorney-in-Fact".
Prior to the Tribal Clerk accepting a Power of Attorney document, all of the requirements listed below must be satisfied.
The person submitting the Power of Attorney document to the Tribal Clerk is required to provide Photo Identification prior to acceptance of the document by the Tribal Clerk.
GENERAL POWER OF ATTORNEY
o Document is an original document with original signatures.
o Document contains the Principal's name and address.
o Document contains the Agent's name and address.
o The Agent is 18 years of age or older.
o Document contains language that states all prior power of attorneys are revoked.
o Document lists out the specific powers delegated by the Principal to the Agent.
o Document contains an original signature of the Principal.
o Document contains original signatures of two witnesses who acknowledge that the Principal declared to them, in their presence, that the instrument is the Principal's Power of Attorney and that the Principal willingly and voluntarily signed the document.
o The Agent is not serving as one of the Principal's witnesses.
o Document contains an original Certificate of Acknowledgment of a Notary for the Principal.
o Document contains an acceptance of the power by way of an original signature of the Agent acknowledging he/she is the Agent.
o Document contains original signatures of two witnesses who acknowledge that the Agent declared to them, in their presence, that the Agent accepts the power and that the Agent willingly and voluntarily signed the document.
o The Principal is not serving as one of the Agent's witnesses.
o Document contains an original Certificate of Acknowledgment of a Notary for the Agent.
PARENTAL POWER OF ATTORNEY
o All of the above are satisfied.
o Document contains the name(s) and date(s) of birth of the child(ren) to whom the parental power of attorney applies.
o Document contains language that the parental power of attorney shall be in force and effect for a period of no more than 6 months from the date of execution.
The Tribal Clerk will make and keep a copy of the Photo Identification for the Tribal Clerk's records.