Table of Contents
- What is a Power of Attorney?
- California Requirements for a Power of Attorney
- Do You Need a Lawyer to Get a Power of Attorney in California?
- Types of Power of Attorney in California
- What Is the Best Power of Attorney to Have?
What is a Power of Attorney?
A power of attorney (POA) is a legal document that authorizes someone else to act on your behalf. This person is usually referred to as the “attorney-in-fact” or “agent.” The person granting power of attorney is referred to as the “principal.”
The power of attorney is a very broad document that can be used for a wide variety of purposes. Generally, it is used in cases when the principal is unable to act on their own behalf. For example, if the principal is incapacitated due to an injury or illness, the attorney-in-fact can make decisions in their best interest.
In addition, a power of attorney can also be used in cases where the principal is unable to act due to a conflict of interest. For example, if the principal owns a business, they may be unable to manage it while they are away on vacation. The attorney-in-fact can then take over the responsibilities in the principal’s absence.
California Requirements for a Power of Attorney
In California, a power of attorney must be signed by the principal, witnessed by two people, and notarized. The principal must also be of sound mind when signing the document. Additionally, the document must include a clear statement of authority granted to the attorney-in-fact.
Do You Need a Lawyer to Get a Power of Attorney in California?
No, you do not need to hire a lawyer to get a power of attorney in California. However, it is recommended that you seek the advice of a lawyer to ensure that your document meets all of the legal requirements. A lawyer can also provide guidance on the types of authority to grant the attorney-in-fact and how to limit their powers.
Types of Power of Attorney in California
In California, there are four types of power of attorney: general, special, springing, and durable.
General Power of Attorney
A general power of attorney grants the attorney-in-fact broad authority to act for the principal in any legal matter. This type of power of attorney is often used when the principal is unable to act on their own behalf due to illness or injury.
Special Power of Attorney
A special power of attorney grants the attorney-in-fact limited authority to act on behalf of the principal. This type of power of attorney is often used in cases where the principal is unable to act due to a conflict of interest, such as when the principal owns a business and needs someone else to manage it while they are away.
Springing Power of Attorney
A springing power of attorney grants the attorney-in-fact authority to act on behalf of the principal only in certain circumstances. These circumstances are specified in the document and are usually triggered by a medical diagnosis.
Durable Power of Attorney
A durable power of attorney is a special type of power of attorney that remains in effect even if the principal becomes incapacitated. This type of power of
Becoming a Power of Attorney is a big responsibility – make sure you understand the legal implications before you make this important decision.
While I understand the importance of becoming a Power of Attorney, I feel that changes to such a powerful role should be handled differently since it could have immense ramifications.