A California Power of Attorney form gives someone else, called the “agent,” the ability to act on your behalf in 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 traveling or to plan for a time when you may become “incapacitated” due to injury or illness and can’t make decisions for yourself.
Here we collected best samples for 3-6 month and can be used as bank statement generators.
California Power of Attorney – By Type
Real Estate Power of Attorney
A real estate power of attorney is a type of limited power of attorney that grants an agent powers to act solely in matters about the principal’s real property.
The above power of attorney sample is not durable. To make your real estate power of attorney durable, add the following statement to the “Special Instructions” Section:
This power of attorney will continue to be effective even though I become incapacitated.
Download: MS Word (.docx) or Adobe PDF
How to Get Power of Attorney in California
To set up a power of attorney, 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 specific 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 goes into effect.
In California, an agent can only use a principal’s assets if specifically gifted to them. 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
Anyone 18 or older who can read and understand a contract can create a power of attorney in California.
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 cannot 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 by the principal in front of two witnesses (the two witnesses must also sign the directive). The principal’s agent, health care provider, or an employee of the provider cannot be witnesses.
Unless a specific date or event is specified, a power of attorney is effective immediately and continues to be in effect until it is revoked.