Power of Attorney in California

A power of attorney (POA) is a legal relationship between two people--the principal and the

agent (also known as the attorney). A power of attorney gives the agent the right to perform

legal actions, such as executing a contract, on behalf of the principal  California law governs the

scope and effectiveness of a power of attorney

Who Can Be a Party to a Power of Attorney?

To be the principal or agent in a power of attorney, you must meet three qualifications.

 - You must be at least 18 (or legally emancipated).

 - You  must be of sound mind (you must understand the nature and consequences of

signing a POA or accepting responsibilities under it).

 - The POA must satisfy certain formal requirements--it must be in writing, and depending

on its contents, it might have to be signed by witnesses and/or notarized.

You do not need to be a licensed attorney to serve as a party to a power of attorney. In this

case, the word “attorney” has nothing directly to do with the practice of law.

When Does a POA Take Effect?

In terms of duration, you may select from three main types of POA:

 - A non-durable POA, which expires when the principal becomes incapacitated (the

principal loses mental competence or loses the ability to communicate with others).

 - A durable POA, which continues even after the principal loses mental competence.

 - A springing POA, which becomes effective only after the principal becomes

incapacitated.

What Types of Decisions Can an Agent Make on Behalf of the

Principal?

A POA generally grants one of both of two different types of authority--the power to make

healthcare decisions, and the power to make financial decisions. Courts tend to closely

scrutinize POAs that grant the agent broad authority over the principal’s finances.

What is the Difference Between a General POA, a Limited POA

and a Healthcare POA?

A general POA grants the agent very broad authority (“to perform any legal act that I could

performt”, for example). A limited POA grants the agent narrower, more restrictive powers over

the principal’s finances--the right to sell the principal’s home, for example. A healthcare POA

grants the agent authority to make healthcare decisions while the principal is incapacitated.

When Does a POA Terminate?

A POA will terminate when:

 - an expiration date inserted into the POA document is reached;

 - the task for which the POA is created has been completed (the sale of a home, for example);

- the principal dies; or

 - the principal regains mental competence, if the POA is non-durable.  

Can I Revoke a POA?

The principal can revoke a POA at any time, unless they become incapacitated. If they become

incapacitated, a court might issue an order revoking the POA.

Don’t Let the Glue of Circumstance Harden Around Your Feet.

Contact Masumi Patel Today!

A POA is a powerful legal document that can come back to haunt you if you draft it poorly. Do

not use a template to draft one. Instead, contact the Law Office of Masumi Patel as soon as

possible to schedule a consultation. I will be happy to listen to your story, answer your questions

and, if necessary, draft a POA for you.