Table of Contents

1. Introduction
2. Types of Power of Attorney
1. Durable Power of Attorney
2. Springing Power of Attorney
3. Special Power of Attorney
4. General Power of Attorney
3. Cost of Power of Attorney
4. Disadvantages of Power of Attorney
5. Giving Power of Attorney in California
6. Recording a Power of Attorney in California
7. Notarizing a Power of Attorney in California
8. Conclusion

Introduction

A power of attorney (POA) is a legal document that grants someone else the legal authority to act on your behalf. Usually, the person granting the POA (the principal) grants it to someone they trust and who can adequately represent their interests. Depending on the type of POA, the person with the legal authority (the agent or attorney-in-fact) can manage the principal’s financial affairs, handle medical decisions, and represent the principal in legal matters.

Types of Power of Attorney

There are four types of POA that may be applicable to your situation. Each has its own purpose and conditions.

Durable Power of Attorney

A durable POA is intended for people who anticipate that they may become incapacitated or disabled. It allows the agent to manage the principal’s financial affairs and assets, regardless of the principal’s state of health, as long as the principal is alive. This type of POA remains effective if the principal becomes incapacitated, so it is especially important to choose an agent you trust.

Springing Power of Attorney

A springing POA does not become effective until a certain event occurs. This event is usually the principal’s disability, incapacity, or death. The springing POA must be limited in scope to only the powers necessary for the agent to manage the principal’s affairs. The principal must also specify the criteria for determining when the POA becomes effective.

Special Power of Attorney

A special POA is used in certain limited situations and only grants the agent certain specific powers. For example, a special POA may give an agent the power to sell a piece of property or sign a contract on the principal’s behalf.

General Power of Attorney

A general POA grants the agent broad powers to act on the principal’s behalf. The agent can manage the principal’s financial and legal affairs, sign contracts, and make decisions regarding investments, medical care, and more. Generally, a general POA is not effective if the principal becomes incapacitated.

Cost of Power of Attorney

The cost of a power of attorney varies depending on the state and type of POA. In California, the cost is usually between $50 and $100. If you have an attorney draw up the POA, the cost may be higher.

Disadvantages of Power of Attorney

The primary disadvantage of granting a POA is that the principal gives up control of their financial and legal affairs to an agent. If the agent is not trustworthy, they may misuse the authority granted by the POA. This could have