Providing Legal Guidance for Clients Wishing to Create a POA
In certain situations, it is helpful to know you have someone who has your back and is ready to act on your behalf. The attorneys at the King Law Office explain how power of attorney documents work in California and why consulting a lawyer is important if you are planning to write your POA. Contact the King Law Office at 530-221-2640 to learn more about how we can help you write or update your powers of attorney.
What Is a Power of Attorney?
A power of attorney is a written document that gives one or more people the power to make decisions on your behalf while you can’t do so yourself due to being mentally or physically incapacitated or simply because you cannot be physically present due to being abroad, deployed in the military or traveling. There are a few different types of powers of attorney recognized in California, including durable power of attorney, springing, financial, or health care powers of attorney. A durable power of attorney continues in effect even if you (the principal) become incapacitated. In contrast, a springing POA becomes effective only after a doctor declares you are unfit.
Powers of attorney can give an agent or attorney-in-fact (the person acting on your behalf) general power, enabling them to manage all aspects of your financial, medical, or personal affairs. You can also choose to limit what your agent can and cannot do for you through a limited power of attorney.
What Can a Power of Attorney Legally Do?
A power of attorney enables your agent to make a variety of decisions on your behalf, depending on the type of power of attorney forms signed and whether the POA is limited or general. You can allow your agent to do as much or as little for you as you wish. In general, no agent is allowed to make changes to your will, act against your best interests, violate the terms of the POA document, and continue making decisions for you after you pass away.
Outside of those actions, your agent has a fiduciary duty to manage your financial affairs, real property, and assets in your best interest. A financial POA can give your agent access to your bank account, banking transactions, investments, brokerage accounts, property transactions, and any other financial decisions defined in the document. If you have a healthcare POA, your agent should make medical decisions for you in alignment with your personal wishes and preferences. You can be as broad or specific as you wish when defining what your agent can and cannot do for you and under what circumstances they are given the authority to take those actions on your behalf.
What Steps Do You Need to Take to Create a Power of Attorney in California?
In California, a valid POA document should be written in compliance with the terms of the California Probate Code; otherwise, it may not be considered valid. The first step to creating a POA is to fill out the correct forms. The required forms may vary depending on the type of POA you are wishing to create.
Next, you will need to select an agent. Be sure to choose someone you trust, as this person will be in charge of making decisions for you, and you need to ensure that they know their responsibilities and are willing to fulfill their role. Finally, your POA will need to be notarized. That means you will need to sign the document in front of a notary public. Your document will be valid once it is signed and stamped by the notary public.
Do You Need to Consult a Lawyer in Order to Create a POA in California?
While having an attorney is not mandatory for the process of creating a valid power of attorney document, it is highly recommended. Your attorney can ensure your POA is written properly and accurately and that it will work as intended when the time comes. At the King Law Office, you can get the legal services and guidance you need to create or review your power of attorney or any other estate planning documents. Call us at 530-221-2640 to learn more.