Table of Contents
- Overview
- Causes for Power of Attorney
- Types of Power of Attorney in California
- Do You Need a Lawyer to Get a Power of Attorney in California?
- How Much Does a Power of Attorney Cost in California?
- What is the Best Power of Attorney to Have?
Overview
Power of attorney is a legal document that allows a person to appoint someone else to act on their behalf in matters such as healthcare, money and property. The person you choose to represent you is called your attorney-in-fact, or agent. Power of attorney can be a powerful legal tool, as it allows you to appoint someone to make decisions and take actions for you if you are unable or unavailable to do so.
Causes for Power of Attorney
There are many reasons that a person may need to grant a power of attorney. These include but are not limited to:
- To manage financial matters, such as paying bills, making investments, and handling taxes
- To handle legal matters, such as preparing or signing documents
- To make decisions related to healthcare, such as authorizing medical treatments or making end-of-life decisions
- To manage real estate and other property, such as buying or selling a house or other assets
- To represent your interests in court proceedings
Types of Power of Attorney in California
In California, there are four types of power of attorney:
- General Power of Attorney – This type of power of attorney grants broad powers to your attorney-in-fact. This type of power of attorney is usually only used when an individual is unable to handle their own affairs due to physical or mental disability or if they are out of the country for an extended period of time.
- Limited Power of Attorney – This type of power of attorney grants only certain powers to the attorney-in-fact. This is most commonly used when a person is unable to handle a particular transaction or decision on their own due to being out of town or in the hospital.
- Durable Power of Attorney – This type of power of attorney grants broad powers to the attorney-in-fact and remains in effect even if the principal becomes incapacitated or disabled. This type of power of attorney is often used in estate planning to ensure that a person’s affairs can be taken care of even if they become unable to do so.
- Springing Power of Attorney – This type of power of attorney only becomes effective when a certain event occurs, such as the principal becoming incapacitated or disabled. This type of power of attorney is often used in estate planning to ensure that the attorney-in-fact will only have the power to act when it is necessary.
Do You Need a Lawyer to Get a Power of Attorney in California?
In California, you do not need to hire a lawyer to get a power of attorney. However, it is important to note that having a lawyer prepare a power of attorney for you can ensure that all the necessary documents are in place and that all legal requirements are met. Furthermore, having a lawyer review a power of attorney prior to signing can provide peace of mind that the document is valid and enforceable.
How Much Does a Power of Attorney Cost in California?
The cost of a power of attorney in California will vary depending on the complexity of the document, the type of power of attorney needed, and the lawyer’s hourly rate. Generally, a lawyer’s hourly rate ranges from $150 to $400 per hour. It is important to note that