Power of Attorney Requirements in California

Power of Attorney Requirements in California

Power of attorney allows someone else to handle healthcare or financial matters on your behalf.

There are specific rules about types and requirements of  POA in California 

A power of attorney (POA) gives someone your name the authority to handle  financial or legal  matters for you under specific circumstances. 

You are called the principal when you create a POA and the person whom you choose to act for you is called  your agent or your attorney-in-fact.

Types of California Power of Attorney

California has three types of Power Of Attorneys

General POA :

This is the broadest kind of POA. It gives your agent the right to handle a wide variety of financial matters for you.

Limited POA :

It is also called a specific POA

It gives your agent the authority to act for you only in specific situations which you list in the document.

For example, let you may be planning a trip, but while you are away,your new house’s closing is scheduled. You can authorize to handle only that specific real estate transaction for you to your agent.

Healthcare POA :

If you became incapacitated, this document gives your agent the right to make healthcare decisions on your behalf.

Durable POA :

A general or limited POA can be durable, that means it goes into effect when you sign it and remains in effect until you destroy or revoke it.

Springing POA :

A general or limited POA can take effect only at a certain time or under certain conditions, so it springs into action only at that time.

A healthcare POA is always a springing type as it only goes into effect if you can’t make your own medical decisions.

Where to get a POA form ?

In California, you must use the form which is created by the state for your POA.

You can find financial POAs in California Probate Code Section 4401, which is called a Uniform Statutory Form Power Of Attorney.

This POAs is used to create limited or general POAs. 

You can find healthcare POA  in California in Section 4701 of the Probate Code and it is called an advanced healthcare directive.

You can also work with an attorney or with an online service for create and executing your POA.

The legal assistance is a good idea at the time when you are unsure about which form to use or how to complete and execute it,.

How to execute a California POA ?

A California POA can be created only by a principal who is 18 years or more of age

To enter into a contract,the principal must also have the legal capacity.

A general or limited POA must be signed by the principal and two witnesses or a notary.

If the POA gives your agent the right to handle real estate transactions,then the document must be notarized so that it can be recorded with your country.

The agent listed in the POA can’t be a witness to the document.

The principal and two witnesses must sign a healthcare POA The witnesses can not be your agent, your healthcare provider or an employee of your healthcare provider.

If you are a nursing home resident, the form must also be witnessed by a patient advocate in addition to your two witnesses.

As soon as you sign the POA form,the POA is in force. Keep the form in a safe place. Give a copy to your agent. In case of healthcare POAs, be sure to give a copy to your healthcare provider.

Completing a POA gives you the peace of mind that, if you are unable to do work,then someone can handle things for you.

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