Some financial power of attorney documents require that the principal is incapacitated before the agent can act on their behalf. In these cases, ETF must receive proof that the member is incapacitated before the agent can take actions on behalf of the member.
Often, this requirement is satisfied by sending ETF one of the following:
- Statement of Incapacity for Finances and Property (ET-4427).
- A document written by a physician stating that the principal is incapacitated to the extent that they cannot manage financial decisions.
- Being unable to make health care decisions does not meet this requirement.
Some financial power of attorney documents have other requirements to determine incapacity. Closely review the financial power of attorney document to ensure you are submitting the correct paperwork. ETF closely reviews each financial power of attorney document and will only allow an agent to act if the requirements to prove incapacity have been met, as outlined in the document.