The California Power of Attorney is a valuable written instrument commonly used to convey personal powers to a third (3rd) party. Multiple POA documents can be employed for an array of different tasks related to one’s financial matters, health care, children, etc. To achieve an effective document, the issuing party must select the form that meets their criteria, appoint an attorney-in-fact and the powers they wish to delegate, and sign the instrument as instructed by the law.
Laws
Statutes – California Probate Code: Division 4.5. Powers of Attorney (§ 4000 – 4545) and California Probate Code, Division 4.7. Health Care Decisions (§ 4600 – 4806)
Definitions – “Power of Attorney” means a written instrument, however denominated, that is executed by a natural person having the capacity to contract and that grants authority to an attorney-in-fact. A power of attorney may be durable or nondurable (§ 4022).
Signing Requirements – The principal party’s signature must be acknowledged by two (2) witnesses who satisfy § 4122 of the California Probate Code or a notary public (§ 4121 and § 4673(3)).
Revocation – § 4151 and § 4695 – 4698
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – Allows users to preemptively record instructions about their health care wishes should they ever lose the ability to communicate in the future.
Download: PDF
Signing Requirements: Acknowledgment of Notary Public or Two (2) Witnesses (§ 4673(3)).
Durable (Financial) Power of Attorney – Grants an agent permission to function on behalf of the principal for financial dealings. The language “durable” means that the contract will proceed after the incapacitation of the assigning party.
Download: PDF
Signing Requirements: Acknowledgment of Notary Public or Two (2) Witnesses (§ 4121).
General (Financial) Power of Attorney – Enables an attorney-in-fact to manage the finances or property of another, does not proceed once the principal fails to mentally function.
Download: PDF
Signing Requirements: Acknowledgment of Notary Public or Two (2) Witnesses.
Limited Power of Attorney – If the conveying individual wants to assign a more specified power, they can provide a detailed description of the conveyance within this form.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public or Two (2) Witnesses.
Minor (Child) Power of Attorney – Also known as a parental POA, this written instrument transfers certain authorities that a mother and/or father have over a child to a third (3rd) party.
Download: PDF
Signing Requirements: Acknowledgment of Notary Public.
Motor Vehicle Power of Attorney – An appointing individual may have another party handle the transfer of ownership pertaining to a motor vehicle or vessel using this basic POA.
Download: PDF
Signing Requirements: Only requires the signature(s) of the appointing party/parties.
Real Estate Power of Attorney – Although powers over real property transactions can be delivered in the more common POAs, this document is fully dedicated to this aspect of one’s financial portfolio.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public or Two (2) Witnesses.
Revocation of Power of Attorney – Retract any previously created POA form by accomplishing this document.
Download: PDF
Signing Requirements: Acknowledgment of Notary Public.
Tax Power of Attorney (Form FTB 3520-PIT) – Those who wish to designate certain tax assignments to a third (3rd) party may do so with the aid of this form.
Download: PDF
Signing Requirements: Only requires the signature of the taxpayer.