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The California Limited (Special) Power of Attorney authorizes a distinct act to be executed by an attorney-in-fact. The more general POAs usually bestow a sweeping power that encompasses a broader range of authority, whereas the limited (or special) POA allows the appointing individual to assign a much more specific task. It also has the capability of being a durable or non-durable agreement which essentially defines whether or not it will remain effective if the principal ever loses their mental faculties. To utilize this document, the filing party must state who they would like to act as their agent, supply the form with a description of the powers granted, and then sign the POA in correspondence with the local laws.

Laws

Statute – California Probate Code: Division 4.5. Powers of Attorney (§ 4000 – 4545)

Definition – “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 – Endorsements must transpire while being witnessed by two (2) individuals (that meet the criteria stated within § 4122) or a notary public (§ 4121).

Revocation – § 4151