How Long Is A Durable Power Of Attorney Valid?

Table of Contents

• Requirements for Durable Power of Attorney in California
• Recording Requirements in California
• Duration of Durable Power of Attorney in California
• Duration of Power of Attorney in the United States

Requirements for Durable Power of Attorney in California

A durable power of attorney in California must include language that states the document will remain in effect even if the principal becomes incapacitated. Additionally, the document must be signed in front of a notary public. This is an important distinction from non-durable powers of attorney, which terminate when the principal becomes incapacitated.

Recording Requirements in California

Durable powers of attorney do not need to be recorded in California. This is a benefit to both the principal and the agent, as it eliminates the added cost and time associated with recording the document.

Duration of Durable Power of Attorney in California

In California, a durable power of attorney remains in effect indefinitely, unless it expressly states that it will terminate at some stated point. It is generally recommended that durable powers of attorney are updated periodically, as the agent’s authority is subject to revocation by the principal at any point.

Duration of Power of Attorney in the United States

The duration of power of attorney varies by state in the U.S., with some states, such as California, having a durable power of attorney that remains in effect indefinitely. Other states may have a durational period that needs to be stated in the document, such as one year, five years, or some other stated duration. It is important to check the statutes in the state where the power of attorney will be executed to ensure the document is valid.