POWER OF ATTORNEY CALIFORNIA

A Power of Attorney (POA) is a legal document that allows someone to act on your behalf in financial, legal, or other matters. In California, the laws governing powers of attorney are outlined in the California Probate Code, specifically in sections 4000-4545. Below is a general overview of the key aspects of a California Power of Attorney:

  1. Types of Power of Attorney:
  • Durable Power of Attorney: This type remains in effect even if the principal (the person who grants the power) becomes incapacitated.
  • Non-Durable Power of Attorney: This type terminates if the principal becomes incapacitated.
  1. Execution Requirements:
  • The power of attorney must be in writing.
  • The principal must be an adult of sound mind at the time of execution.
  • The document must be signed voluntarily by the principal.
  • The signature must be acknowledged before a notary public or witnessed by two competent adults.
  1. Agent's Authority:
  • The agent (the person appointed by the principal) has a fiduciary duty to act in the best interests of the principal.
  • The powers granted to the agent can be broad or specific, depending on the language of the document.
  1. Revocation:
  • The principal can revoke the power of attorney at any time, as long as they are competent.
  1. Termination:
  • The power of attorney terminates upon the death of the principal, unless otherwise specified.
  • A court can also terminate the power of attorney if it determines that the agent is not acting in the best interests of the principal.
  1. Recording:
  • While not required, the power of attorney can be recorded in the county where the principal resides for additional protection.
  1. Advance Health Care Directive:
  • If the power of attorney includes health care decisions, it is often combined with an Advance Health Care Directive, which outlines the principal's wishes regarding medical treatment.
  1. Legal Assistance:
  • It is advisable to consult with an attorney to ensure that the power of attorney meets all legal requirements and addresses the specific needs and circumstances of the principal.


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