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Sample California Power Of Attorney Templates PDF Free Download
California Power Of Attorney
A California power of attorney can be used to grant certain powers to a trusted friend or relative in the event the person granting the powers, or principal, is unable or unavailable to act when required.
The person acting on behalf of the principal, otherwise known as the agent, is expected to make all decisions in the best interest of the principal.
The document can specify broad or narrow powers.
Additionally, it can be tailored to be in effect for a long period of time or a short period of time.
A power of attorney form is a legal document giving someone else, called the “agent,” the ability to act on your behalf in matters related to finance, property, or medical decisions.
You can use this agreement to have someone manage your affairs and sign day-to-day paperwork when you’re travelling, or to plan for a time when you may become “incapacitated” due to injury or illness, and can’t make decisions for yourself.
As important as having a power of attorney form is having the right one, you should know what a power of attorney is before signing.
In addition, you may need more than one type of power of attorney depending on your circumstance.
How to Get Power of Attorney in California
To set up a power of attorney, both the agent and principal fill out and sign a power of attorney form.
California power of attorney forms can be downloaded from the Sacramento County Public Law Library, but you’re not required to use these exact forms.
The state only recommends that you use similar language to what is used in the official form.
The more closely a POA document is customized to your circumstance, the better it will serve you.
Examples of powers you can transfer include (but are not limited to):
Negotiate and sign contracts for purchases, such as homes or vehicles
Handle banking transactions, including deposits and withdrawals
Pay bills
Buy or sell property
File tax returns with the IRS
Arrange the distribution of retirement benefits
Apply for Supplemental Security Income (SSI) or California Medical Assistance Program (Medi-Cal) benefits
Even if a power of attorney contains a phrase such as “all other powers are granted,” there are certain tasks that agents cannot perform.
According to California Probate Code Section 4264, an agent cannot make or change a will.
However, an agent can establish trust for the principal if it’s specifically noted in the POA document.
All powers of attorney cease to be effective when the principal dies. At that point, the last will and testament goes into effect
In California, an agent can only use a principal’s assets if they are specifically gifted to him or her.
It is illegal for agents to make gifts to themselves.
Also, an agent who takes the money or personal property of a principal 65 years or older without consent can be charged with elder abuse.
California POA Requirements
In California, any individual 18 years or older who can read and understand a contract can create a power of attorney.
The power of attorney document must comply with regulations outlined in the California Probate Code (Sections 4000 through 4465).
For a power of attorney to be legally sufficient in California, it must:
- carry the date of execution (that is, the date on which all parties have signed the POA)
- be signed by the person seeking it (that is, the principal)
- If the principal is unable to sign, they must direct another to sign it on their behalf and watch said person affix a signature.
- notarized or signed in front of two other witnesses
A California health care directive must be signed by a notary public or signed by the principal in front of two witnesses (the two witnesses also must sign the directive).
The principal’s agent, health care provider, or an employee of the provider cannot be witnesses.
| Author | – |
| Language | English |
| No. of Pages | 5 |
| PDF Size | 1 MB |
| Category | Form |
| Source/Credits | eforms.com |
Sample California Power Of Attorney Templates PDF Free Download