California Power Of Attorney Form Template – Forbes Advisor

A power of attorney is a legal document granting one person the right to act on behalf of another person. The person granting this authority is the principal, and the person given this power is the agent or “attorney-in-fact.”

The POA can be limited to a specific area of the principal’s life, for example, a medical power of attorney or a financial power of attorney. It can also be limited in duration or limited based on the state of the principal. If the principal becomes incapacitated, only a “durable” power of attorney allows the agent to continue to act on the principal’s behalf.

An attorney specializing in estate planning would say everyone should use a power of attorney. This is because a person can become incapacitated with no warning and after that, you lose the ability to appoint an agent to act on your behalf.

However, anyone who wants to ensure that a specific person has the power to act on their behalf should consider a power of attorney. While it’s often associated with an inability to make decisions for yourself—whether through age or injury—a POA is a viable tool in any situation where you need someone to act for you.

You must satisfy the following requirements to create California power of attorney:

• The principal must be competent, meaning they can make their own decisions.
• The power of attorney must be in writing.
• The document must contain:
  • The name of the attorney-in-fact
  • The responsibilities the principal gives the attorney-in-fact
  • The principal’s signature, which in most cases requires either a notarization or two adult witnesses or another adult may sign the principal’s name at their direction
  • The date of execution

While not required, you may wish to give copies of the final, signed document to your attorney-in-fact, financial institution and key family members. Store the original in a safe place. Revisit your power of attorney regularly and update it as circumstances change.

There are two broad categories of powers of attorney based on how expansive they are and the state of the principal.

Narrow or Broad Powers of Attorney

Narrow powers of attorney are limited to a specific task or situation the principal wants the agent to perform on their behalf. These powers of attorney can be as narrow as a POA to sell a vehicle or as broad as granting the agent the ability to act in all financial matters.

Among the more well-known powers of attorney is the medical power of attorney. This document grants the agent the authority to make medical decisions on behalf of the principal when they are incapable of making those decisions themselves. An advanced or healthcare directive combines a medical POA with a living will to ensure that the principal’s wishes and interests are carried out in case of incapacity.

Powers of Attorney Based on Different Capacities

One of the main reasons that powers of attorney are created is to deal with the possibility of becoming incapacitated. Many POAs are designed based on the capacity of the principal.

• General Power of Attorney. A general or “non-durable” power of attorney can only work when the principal is competent. If the principal becomes incapacitated, the POA is no longer functional.
• Durable Power of Attorney. When creating a durable power of attorney, the principal intends for the agent to have authority no matter what. In California, durability is not presumed. This means a power of attorney will not automatically remain effective if the principal becomes disabled or incapacitated. To be legally enforceable in California, a durable power of attorney must say “This Power of Attorney shall not be affected by subsequent incapacity of the principal” or “This Power of Attorney shall become effective upon the incapacity of the principal” or similar words.
• Springing Power of Attorney. Sometimes called a “standby” power of attorney, the springing POA only becomes effective if the principal becomes disabled or incapacitated or at a specific time or upon the occurrence of a specific future event.

Short answer: Any adult can serve as an attorney-in-fact. Also called an agent, this person should be someone you trust to make critical decisions, such as an adult child, close friend or family member. If the principal has the capacity, they choose their own agent. If they are incapacitated, the court may appoint one on their behalf.

Principals may also select alternate attorneys-in-fact in the event the primary is unavailable. However, they should not choose co-agents, which can lead to disagreements that cause delays in decision-making.

Who must sign a power of attorney and other requirements varies by state. In California, a power of attorney form must be signed by at least two witnesses or by a notary. Be sure to confirm current laws in your jurisdiction.

Consider getting the POA notarized, even if it’s not a requirement. This will give it an extra layer of protection in case someone challenges it.

You don’t need a lawyer to create a power of attorney in California. However, you should seek the help of a trusted attorney to finalize your document to ensure it’s legally sound.