With a California Power of Attorney (PoA), you authorize a specific individual to sign contracts, sell property, or take care of medical needs on your behalf. The "principal" is the person who grants control, while the “agent" or "attorney-in-fact" is the person who gains control when a PoA is enacted.
With our Power of Attorney, you can protect yourself and your assets in Orange, Los Angeles, San Diego Counties and all other counties and municipalities throughout California.
Quote Block: When you are not available or able to act on your behalf, your chosen representative will be able to act in your interest with the help of this legal document. Your POA agent can be anyone over 18 and of sound mind under California law.
Any individual you trust to act in your best interests can act as your agent. It does not need to be a lawyer, since a close friend, family member, or business partner can do it. If you are looking for how to give someone a Power of Attorney, here is more information.
Types of POAs in California
California recognizes a variety of POAs. Each one serves a different purpose and gives your agent different powers. The best POA for you will depend on your circumstances. Common options include:
Financial/General Power of Attorney: The general power of attorney may also be known as a financial or Uniform Power of Attorney Act in California. No matter what you call it, in California, it gives your agent authority to handle your finances. The agent can, for instance, pay your bills, sell or rent out your properties, and file your taxes.
Durable Power of Attorney: If your Power of Attorney is "durable," your agent can still manage your financial affairs if you become incapacitated. For example, the POA for someone incapacitated steps in if a medical emergency or substantial mental decline happens to the principal.
It is crucial to note that if your POA is not durable, your agent's statutory right ends when you become incapacitated. You can make all the POAs listed here durable, but you must include language stating that your agent's authority should continue if you become incapacitated.
Quote Block: If it states: "This Power of Attorney shall not be affected by the principal's subsequent incapacity," or something similar, the document is durable under California power of attorney laws
Medical Power of Attorney: An agent with medical power of attorney, sometimes called a "health care Power of Attorney," is the person authorized to make medical decisions on your behalf. Unless expressly stated otherwise in your California medical POA, your agent's authority is only valid while you are incapacitated.
There are several names for a medical Power of Attorney in California, including:
- Advance directive
- Health care power of attorney
- Power of attorney for healthcare
- Advance health care directive
Section 4701 of the California Probate Code contains a template for California's Power of Attorney for health care. You may prefer using free software online to quickly and easily create a medical power of attorney.
Limited Power of Attorney: Using a limited POA, you can only give your agent power for a limited period to accomplish a specific task or to act in a particular scenario. Let's say you own real estate in another city. It would be easier for you if you gave your agent the authority to manage your property instead of traveling to and from that city.
Where to Get a Power of Attorney in California
California requires you to create POAs using the state's guidelines. California Probate Code Section 4401 provides California statutes regarding statutory power of attorney forms for financial matters.
You can find California guidelines on healthcare POAs or advance directives in Section 4701 of the Probate Code.
California POA Requirements
In order to be able to obtain a California Power of Attorney form, the principal must meet the following requirements:
- Be 18 or older
- Have the mental "capacity" to comprehend its nature and consequences
- Sign and date the POA before a notary public or two competent adults who are willing to sign and date the document
When choosing agents, it is important to consider a few things. Agents cannot serve as witnesses and the following people cannot be witnesses to a medical POA:
- The principal’s caretakers or doctors (healthcare provider)
- A member of the principal’s healthcare provider staff
- Workers at community or residential care facilities (e.g., nursing homes)
Quote Block: If you create a POA, make sure your agent has a copy. Because to prove they have the authority to make decisions on your behalf, they'll need to submit your POA to relevant authorities (for example, your bank or hospital).
How Much Does it Cost to Get a POA in California?
Generally, you will only have to pay for notarization if you create your Power of Attorney. Notarizing POAs helps prove their validity as legal documents. LawDistrict has a free California Power of Attorney form that meets the state guidelines that you can then notarize afterward.
Does a power of attorney need to be notarized?
Yes. The services of a notary public are necessary when creating legal documents, including contracts, real estate deeds, powers of attorney, and last wills and testaments. A notary public is an official who the government commissions to verify a signature is valid, not coerced or made under duress.
They seal your documents with an official notary stamp as proof. A notarized document will hold up in court if you want to use it as evidence.
Obtaining Power of Attorney for Elderly Parents in California
Although it may not be pleasant to think about, eventually, our parents will not be able to make decisions about their financial, legal, and healthcare affairs. In that case, you'll need to be ready to take charge of decisions. In preparation for that time, discuss with your parents the issue of appointing a power of attorney.
Quote Block: Strokes, dementia, or Alzheimer's are common situations where a durable power of attorney in California for healthcare decisions may be required. You would be responsible for getting your sick parent the care they need as their agent.
It is important to consider the following when obtaining power of attorney for a parent:
- Find an agent you trust to make health decisions for your parents just as you would.
- Include an immediate HIPAA release in the POA
- Living wills/advance directives regarding end-of-life decisions need to be in POAs
- Organ donation
Aside from being responsible for your parent's physical and psychological well-being, you will also be responsible for their financial well-being. Consequently, you must be familiar with all the responsibilities of being an agent.
A Power of Attorney can protect you and your loved ones in numerous scenarios and should be a part of your overall planning for the future. Revisit any existing POAs when life circumstances, such as a marriage, divorce, or birth of a child, in order to ensure your POA still suits your needs.
Helpful Resources:
Probate Code Division 4.5 Powers of Attorney (4000-4545) - California Legislative Information
Probate Code Division 4.7 Health Care Decisions (4600-4806) -California Legislative Information
With a California Power of Attorney (PoA), you authorize a specific individual to sign contracts, sell property, or take care of medical needs on your behalf. The "principal" is the person who grants control, while the “agent" or "attorney-in-fact" is the person who gains control when a PoA is enacted.
With our Power of Attorney, you can protect yourself and your assets in Orange, Los Angeles, San Diego Counties and all other counties and municipalities throughout California.
Quote Block: When you are not available or able to act on your behalf, your chosen representative will be able to act in your interest with the help of this legal document. Your POA agent can be anyone over 18 and of sound mind under California law.
Any individual you trust to act in your best interests can act as your agent. It does not need to be a lawyer, since a close friend, family member, or business partner can do it. If you are looking for how to give someone a Power of Attorney, here is more information.
Types of POAs in California
California recognizes a variety of POAs. Each one serves a different purpose and gives your agent different powers. The best POA for you will depend on your circumstances. Common options include:
Financial/General Power of Attorney: The general power of attorney may also be known as a financial or Uniform Power of Attorney Act in California. No matter what you call it, in California, it gives your agent authority to handle your finances. The agent can, for instance, pay your bills, sell or rent out your properties, and file your taxes.
Durable Power of Attorney: If your Power of Attorney is "durable," your agent can still manage your financial affairs if you become incapacitated. For example, the POA for someone incapacitated steps in if a medical emergency or substantial mental decline happens to the principal.
It is crucial to note that if your POA is not durable, your agent's statutory right ends when you become incapacitated. You can make all the POAs listed here durable, but you must include language stating that your agent's authority should continue if you become incapacitated.
Quote Block: If it states: "This Power of Attorney shall not be affected by the principal's subsequent incapacity," or something similar, the document is durable under California power of attorney laws
Medical Power of Attorney: An agent with medical power of attorney, sometimes called a "health care Power of Attorney," is the person authorized to make medical decisions on your behalf. Unless expressly stated otherwise in your California medical POA, your agent's authority is only valid while you are incapacitated.
There are several names for a medical Power of Attorney in California, including:
- Advance directive
- Health care power of attorney
- Power of attorney for healthcare
- Advance health care directive
Section 4701 of the California Probate Code contains a template for California's Power of Attorney for health care. You may prefer using free software online to quickly and easily create a medical power of attorney.
Limited Power of Attorney: Using a limited POA, you can only give your agent power for a limited period to accomplish a specific task or to act in a particular scenario. Let's say you own real estate in another city. It would be easier for you if you gave your agent the authority to manage your property instead of traveling to and from that city.
Where to Get a Power of Attorney in California
California requires you to create POAs using the state's guidelines. California Probate Code Section 4401 provides California statutes regarding statutory power of attorney forms for financial matters.
You can find California guidelines on healthcare POAs or advance directives in Section 4701 of the Probate Code.
California POA Requirements
In order to be able to obtain a California Power of Attorney form, the principal must meet the following requirements:
- Be 18 or older
- Have the mental "capacity" to comprehend its nature and consequences
- Sign and date the POA before a notary public or two competent adults who are willing to sign and date the document
When choosing agents, it is important to consider a few things. Agents cannot serve as witnesses and the following people cannot be witnesses to a medical POA:
- The principal’s caretakers or doctors (healthcare provider)
- A member of the principal’s healthcare provider staff
- Workers at community or residential care facilities (e.g., nursing homes)
Quote Block: If you create a POA, make sure your agent has a copy. Because to prove they have the authority to make decisions on your behalf, they'll need to submit your POA to relevant authorities (for example, your bank or hospital).
How Much Does it Cost to Get a POA in California?
Generally, you will only have to pay for notarization if you create your Power of Attorney. Notarizing POAs helps prove their validity as legal documents. LawDistrict has a free California Power of Attorney form that meets the state guidelines that you can then notarize afterward.
Does a power of attorney need to be notarized?
Yes. The services of a notary public are necessary when creating legal documents, including contracts, real estate deeds, powers of attorney, and last wills and testaments. A notary public is an official who the government commissions to verify a signature is valid, not coerced or made under duress.
They seal your documents with an official notary stamp as proof. A notarized document will hold up in court if you want to use it as evidence.
Obtaining Power of Attorney for Elderly Parents in California
Although it may not be pleasant to think about, eventually, our parents will not be able to make decisions about their financial, legal, and healthcare affairs. In that case, you'll need to be ready to take charge of decisions. In preparation for that time, discuss with your parents the issue of appointing a power of attorney.
Quote Block: Strokes, dementia, or Alzheimer's are common situations where a durable power of attorney in California for healthcare decisions may be required. You would be responsible for getting your sick parent the care they need as their agent.
It is important to consider the following when obtaining power of attorney for a parent:
- Find an agent you trust to make health decisions for your parents just as you would.
- Include an immediate HIPAA release in the POA
- Living wills/advance directives regarding end-of-life decisions need to be in POAs
- Organ donation
Aside from being responsible for your parent's physical and psychological well-being, you will also be responsible for their financial well-being. Consequently, you must be familiar with all the responsibilities of being an agent.
A Power of Attorney can protect you and your loved ones in numerous scenarios and should be a part of your overall planning for the future. Revisit any existing POAs when life circumstances, such as a marriage, divorce, or birth of a child, in order to ensure your POA still suits your needs.
Helpful Resources:
Probate Code Division 4.5 Powers of Attorney (4000-4545) - California Legislative Information
Probate Code Division 4.7 Health Care Decisions (4600-4806) -California Legislative Information
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