A California General Power of Attorney form is one of the most crucial tools for delegating authority. It allows you to create a power of attorney form to donate your authority to a trusted individual. This donation makes you a donor, grantor, or principal. Your appointed steward becomes your attorney-in-fact or agent.
The agent can transact for you in any matter in which you appoint them to represent you. They also have the authority to decide in your name and for you. This delegated authority remains in force while you can make sound decisions. Thus, any incapacitation automatically terminates a general POA.
California power of attorney templates – access more power of attorney documents for California together with directions.
California General POA Requirements
California law governing general power of attorney documents is §4121 of the California Probate Code. Here are some of its legal requirements. Only a natural human with the power of contract can implement a POA. The document is legally binding only when it meets these requirements.
- The POA must contain an execution date.
- If its donor signs it or another adult does it in their name, physical presence, and at their direction. It must also be acknowledged before a notary public or if a minimum of two witnesses who meet section 4122’s requirements sign it.
- When witnesses sign this document, they must be sane adults and should not be proposed agents. All the witnesses must have witnessed the principal signing or acknowledging the POA.
- The principal should specify their agent’s authority scope. They must determine why they should act on their behalf and in their name. For instance, they may grant them authority to transact for them in personal care, health, or business matters.
- When a donor authorizes an agent to transact in property matters, the POA may authorize them to decide on all or some of their principal’s estate. They can act for them irrespective of where the properties are and whether they already own or they will own them in the future.
- The authority to act in personal care matters empowers an agent to decide for their grantors regarding their residential location, domestic staff hiring, and meal provision.
- The POA’s creator must write the trust in clear terms that show their express intent to delegate authority to agents to act for them and in their name.
- During their principal’s disability, the agent’s acts are just as effective, beneficial, and binding on the donor the same way they were when they still had their capacity.
Filling out the California General POA Form
You are abreast of the legal requirements to follow when drafting a general POA in California. Here is how you should fill a general POA form.
Prepare All Documents
First, start by preparing to fill this crucial form. You have to establish the type of document you want to use. For example, you may choose PDF or Word. Afterward, you should familiarize yourself with the form’s disclosures, options, terms, and conditions.
Determine the Agent’s Authority
Second, to record your identity and that of your agent. Here, you have to define your relationship with the agent as this document requires, also stipulating your agent’s duties and authority.
Supply vital details regarding the powers you are granting in this POA. You must also give information showing your intention of delegating your authority. Next, move to item G in the list and reveal if this POA shall remain in force after your disability or not. If you wish the power of attorney to outlive your incapacitation, you must state how long (in terms of years) you wish it to remain in force. You need to strike through this statement with a horizontal line if you want the POA to terminate at your incapacitation.
Determine the POA’s Expiration Date
Move to the next item if you want your POA to come into effect after you become incapacitated. Here, you have to fill out the number of years it will remain in effect.
Have an Agent Sign the POA
Fourth, your appointed agent must officially acknowledge and accept their duties. You do this by getting them to read the section that notifies them as appointed agents. Afterward, your agent should give the date on which they are signing the document.
You must verify this document in line with California laws. Read POA provisions carefully and date the form. Next, you should sign it below the word “witness.” Your signing paves the way for the notary public to sign and notarize it. Their signing means they have verified that all the details provided on this form are correct. Thus, they accept legal liability for anything contrary arising after the document’s notarization.
You should make enough copies of a power of attorney after signing and notarizing it. Make a copy for your agent, yourself, and other relevant state institutions. Don’t forget to make a record of everyone who receives a copy of the POA and where you sent it.