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California Durable POA Requirements

California laws (§4121 of the California Probate Code) require that only physical persons with the power of contract execute a power of attorney. This legal instrument is legally enforceable if it meets the following requirements.

  • It should have a specified execution date.
  • Its validity depends on whether its creator signs it or another adult person signs it in their name, physical presence, and at their direction.
  • It also becomes valid following an acknowledgment before a notary public or at least two witnesses meeting section 4122’s requirements sign it.
  • Only sane adults should sign it and must not be appointed agents who will execute a power of attorney. All the witnesses should have witnessed the grantor signing the POA or acknowledging it.
  • Its creator must state the agent’s authority boundaries. They must establish why their agent must transact for them and in their name. For example, they may authorize them to transact for them in personal care, health, or financial issues.
  • If a principal appoints an agent to deal in property, their agent may transact for them regardless of their properties’ location. Their authority also extends to their principal’s current and future property assets.
  • Agents acting and deciding on personal care matters may determine their principal’s residential relocation, entertainment, employing domestic workers, and food provision.
  • Every principal must draft a power of attorney in clear wordings that clearly show their intentions to donate authority to their chosen agents.
  • During their principals’ incapacitation, agents’ actions are deemed to benefit and bind on their principals after disability the same way they were during their ability.

Filling out the California Durable POA Form

Filling this form is really simple. You only need to follow seven easy steps to do it.

  1. Step one requires you to open the form online in the most convenient format like PDF or Word. You may fill it on the screen, download it, or even print it.
  2. The second stage entails recording the details about the POA’s parties. You have to identify the principal and agent in this document. Provide your name and address plus those of your agent.
  3. The third stage includes granting your authority to your chosen agent. You will place your name’s initials to the powers you wish to delegate and cross off those you don’t want to donate. Some of the powers you can donate are real estate transactions, tax, and insurance.
  4. Stage four requires you to fill out any additional instructions for your agent on the second page’s first part.
  5. Stage five involves you defining your power of attorney’s duration. You do so by striking through the statement that says a power of attorney will remain in effect after your disability.
  6. Stage six comes into play if you already have other agents working for you, and you want them to work separately or together. You will fill this section specifying how you want them to work.
  7. The seventh stage is the form’s notarization. It’s only effective when your chosen agent and notary public are physically present to sign a power of attorney. You must provide the date and sign in this form’s last statement. Afterward, provide your social security number before your signature.

The following page is for the notary’s exclusive use. Appending their signature on the form means they have notarized and made it legally enforceable. This form’s last page is for your agent. It contains a special notice for the agent that requires them to read it carefully before signing. The principal should also read and understand it because they will also append their signature at its bottom.

The three of you must sign the POA before the attorney notarizes it and validates its legality. Afterward, you must give your agent a copy and keep yours safely. Once you follow the easy steps stipulated on the POA form, and you are done.

Other California Forms By Type

Other Durable Power of Attorney Forms By State