What Is California Power of Attorney?
A California power of attorney (POA) gives someone you name the authority to handle legal or financial matters for you under specific circumstances. When you create a POA, you are called the principal, and the person you choose to act for you is called your agent.
Why Do You Get the Power of Attorney in California?
There is no legal requirement that a CA Power of Attorney form is prepared or reviewed by a lawyer. However, if you are going to give important powers to an agent, it is wise to get individual legal advice before signing a complicated form.
You can get the power of attorney in California via the CocoDoc platform. The California general power of attorney form can be signed by the principal or by someone else acting on behalf of the principal, in the principal's presence, and in the principal's name. Sign the document in front of a notary or have the document signed by two witnesses.
How to Execute a California POA?
The power of attorney California form can only be created by a principal who is 18 years of age or older. The principal must also have the legal capacity to enter into a contract. A general or limited POA must be signed by the principal and two witnesses or a notary.
If the power of attorney gives your agent the right to handle real estate transactions, the document must be notarized so that it can be recorded with your county. The agent listed in the POA cannot be a witness to the document.
The principal and two witnesses must sign a healthcare POA. The witnesses cannot 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 or ombudsman in addition to your two witnesses.
As soon as you sign the POA form, it is in force. Keep the form in a safe place. Give a copy to your agent. For healthcare POAs, be sure to give a copy to your healthcare provider.
Completing a POA gives you the peace of mind that someone can handle things for you if you are unable to do so.
Types of Powers of Attorney Form in California
California has three types of POAs. These are:
General Power of Attorney
This is the broadest kind of POA and gives your agent the right to handle a wide variety of financial matters for you.
Limited Power of Attorney
This is sometimes called a specific POA. This is a very narrow POA that gives your agent the authority to act for you only in specific situations you list in the document.
For example, you may be planning a trip, but your new house's closing is scheduled while you are away. You can authorize your agent to handle only that specific real estate transaction for you.
Healthcare Power of Attorney
Should you become incapacitated, this document gives your agent the right to make healthcare decisions on your behalf.
A power of attorney allows someone else to handle financial or healthcare matters on your behalf, and California has specific rules about types and requirements.
If the process of obtaining the California power of attorney form is overwhelming, you can print and download the California power of attorney form on our website. The California durable power of attorney or the general power of attorney California is simple to create on our website.
California Power of Attorney FAQs
Who keeps the original power of attorney document?
Unless the free power of attorney form is to be used immediately, the original should always be retained by the principal in a safe place. The agent should be advised that he or she has been named as an agent and should also be advised as to the location of the original and the number of originals that have been signed.
Does a power of attorney need to be notarized in California?
Yes, California law requires that the Durable Power of Attorney must be notarized or signed by at least two witnesses. In California, a principal cannot act as one of the witnesses.
Can I get the power of attorney if my mother has dementia?
In general, a person with dementia can sign a power of attorney designation if they have the capacity to understand what the document is, what it does, and what they are approving. Most seniors living with early-stage dementia are able to make this designation. So back to your question, you can get California’s durable power of attorney form if your mother has dementia.