Free California Power of Attorney (POA) Form
A California Power of Attorney is a simple way to give legal authority to another person, known as your Attorney. They can then make important decisions for you when needed. This form helps you stay prepared and protects your interests in different situations.
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What is a Power of Attorney
Power of Attorney is a legal document that allows an individual (known as the Principal) to confer special powers on another party that allows them to make decisions on their behalf. This can be for a number of different purposes.
However, no matter the reason for granting these exclusive powers, the appointed individual (known as the Attorney-in-Fact or Agent) may sign documents and express permission in place of the Principal themself. This can help to greatly speed up decision-making if the appointing authority is incapacitated or unavailable.
Types of Power of Attorney in California
There are many types of POA that can be used in California to appoint an Agent to make decisions for a principal. The most common variants include the following examples:
- Durable: Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.
- Limited: A Limited Power of Attorney allows a Principal to grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
- Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated.
- Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
Power of Attorney Requirements in California
In order for your Power of Attorney to be legally valid on signing, it is important to follow the key California POA requirements, this means that:
- All the information included in the document must be correct and accurate. This includes names, addresses, dates, and the powers that are being granted.
- The Principal and Agent must both be sound of mind and must understand the agreement that they are signing in its entirety.
- The document must be signed in the presence of 2 witnesses or a notary public. A notary public must also be present at the signing to notarize the document.
How to get a Power of Attorney in California
A California Power of Attorney can be filled-in fully online with LawDistrict’s step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.
Alternatively, prospective Principals can acquire both financial and medical documents from the California legislature in locations such as public libraries. These can either be filled-in in-person or with the help of a legal expert.
California Power of Attorney Sample
Before starting your own California Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. Simply view our POA sample now to get a feel for how these documents are written and appear once completed.
Power of Attorney FAQs
If you still have questions about how Power of Attorney forms work, our frequently asked questions and answers can help you get a better understanding of how these important legal instruments function. Read below to find out what POA form in California can be used to do.
It is possible to fill out a California Power of Attorney form fully online. However, documents can also be acquired from local public institutions such as libraries or created specially by legal experts.
The big difference between a General Power of Attorney and a Durable Power of Attorney is when the powers can and cannot be used. When you create your California Power of Attorney as a General POA, its powers can only be used by the agent until they are withdrawn or the Principal becomes incapacitated.
Durable POAs on the other hand can continue to be used after the Principal is incapacitated. This makes them much better documents for estate planning in later life or to provide for medical necessities.
In order to sign for the Principal once a California Power of Attorney has been completed, the Agent must bring the signed POA form to the bank or institution where the signing will take place.
Once the Agent’s identity has been confirmed, they will be able to sign the contract or document. To do this they must print the name of the Principal on the signature line and print their own name next to it as well as an indication they are signing for the principal as the POA before writing their signature.
If a California Power of Attorney needs to be revoked, the Principal should write to the Agent, requesting that they relinquish their powers. The appointing individual should also visit any institutions that hold a record of the POA and inform them it is no longer valid.
In the case that the Principal is incapacitated and cannot act for themself, it will be necessary to seek a court injunction to remove the powers. A judge will review the case and may appoint conservatorship over the individual which can annul any POAs in effect.
Preview of your California Power of Attorney
All acts done by the Agent pursuant to a durable power of attorney have the same effect, power, authority and inure to the benefit of and bind the principal and the principal´s successors in interest. This power shall authorize my Agent to manage my affairs and to exercise all of my legal rights, including rights and powers acquired in the future. My Agent's authorized, but not limited to, exercise the power to:
Any power or authority granted to my Agent under this document shall be limited to the extent necessary to prevent this Power of Attorney from causing, (i) my income to be taxable to my Agent, (ii) my assets to be subject to a general power of appointment by my Agent, or (iii) my Agent to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Agent.
Any power or authority granted to my Agent under this document shall be limited, to the extent necessary, to prevent this Power of Attorney from causing, (i) my income to be taxable to my Agent, (ii) my assets to be subject to a general power of appointment by my Agent, or (iii) my Agent to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Agent.
This Power of Attorney shall be governed by the laws of the state of California. Moreover, I intend to have this Power of Attorney universally recognized and be admissible to recordation. In case that I become a resident of another jurisdiction, or obtain any form of property interest in another jurisdiction, it remains my intention that the laws of California shall continue to govern over this Power of Attorney to the extent that might be legally possible.
__________________________________
_________
Witness Signature: ___________________________________
Name: _________
City: _________
State: _________
Witness Signature: ___________________________________
Name: _________
City: _________
State: _________
A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF _________,
COUNTY OF _________, ss:
On ________________ before me, _________________________________, personally appeared _________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
| ________________________________ | (Notary Seal) |
| Signature of Notary Public |
By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary and other legal responsibilities of an agent. These responsibilities include:
1. The legal duty to act solely in the interest of the principal and to avoid conflicts of interest.
2. The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you.
You may not transfer the principals property to yourself without full and adequate consideration or accept a gift of the principals property unless this power of attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the principals property to yourself without specific authorization in the power of attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse under Penal Code Section 368. In addition to criminal prosecution, you may also be sued in civil court.
I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the agent (attorney-in-fact) under the terms of this power of attorney.
Date:
Signed:
_________________________________
_________
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