A Power of Attorney is a legal document that gives someone the power to act on behalf of someone else. In California, the person executing the document is referred to as the “principal” and the person chosen to act on the principal’s behalf is referred to as the “ agent “ or “attorney-in-fact”.
There are generally four different types of powers of attorneys recognized in California.
A Durable Power of Attorney in California allows the agent to make all financial decisions for the principal, even if the principal becomes incapacitated.
A General Power of Attorney Is the same, except it becomes void if the principal becomes incapacitated.
A Limited Power of Attorney only gives authority for the agent to perform a specific duty or transaction and becomes void once it has been completed.
A Medical Power of Attorney allows the agent to make all medical decisions for the principal.
What is required to ensure the Power of Attorney is valid?
How a power of attorney is set up, is crucial if the legal instrument is to operate properly. In order to ensure that the document is valid, and that the agent actually possesses all the power you want to give, certain formalities must be satisfied.
In order for a POA to be legal, it must be signed in the presence of a notary public and at least one witness. The notary public is a representation of the state government and I perform POA notarizations at your home, hospitals, nursing homes or any other convenient location.