Life is full of crippling and inconveniencing emergencies that could ground your life if you lack proper planning. Fortunately, you can use the California limited power of attorney form (POA) to plan for such events. Sometimes, you could run into emergencies that require your business transactions to continue while attending to other matters.
Using the power of attorney form to create a power of attorney lets delegate your authority to act and decide to a trusted steward. You can appoint them for a specified period to handle your real estate transactions. They can buy, sell, and maintain properties in your name. The delegated authority you confer to this person makes them your agent or attorney-in-fact. Inversely, you become their principal, donor, or grantor.
California power of attorney templates – discover more about powers of attorney that can be used for other things in California.
California Limited POA Requirements
Writing and authorizing a limited POA in California should abide by its legal requirements laid out in §4121 of the California Probate Code. The law requires the principal to have the same capacity necessary for entering into any legally binding agreement. Notably, they must be sane when creating and signing a power of attorney. They must also be at least 18 years and above.
The principal must sign every power of attorney handling financial issues before a notary public or two witnesses. The notary public must notarize the document before recording and giving it legal enforceability.
Filling out the California Limited POA Form
Filling out a limited POA form in California is easy. You only need to follow the following simple steps to move forward.
1. Download the form from our website in the best form you wish to use it. You may download it as a PDF or a Word document. Ensure you read it entirely and carefully to understand all its legal implications, terms, disclosures, disclaimers, and conditions before filling it.
2. Define the document’s recorder, the party that will submit it to the County Recorder’s Office. You must record this person in the upper left-hand corner of the first page by filling out their name. Indicate your mailing address to which all future mails concerning the form will be sent. You have to supply your name, address, city, state, zip code, and apartment number.
3. Define the agent to whom you want to delegate authority. They should fill out their date of signing the document. Your chosen agent must give their signature and print their name on the two blank spaces before a notary public. Below the space, you will also see an area where the notary public needs to fill. They will sign it and testify that your proposed agent appeared before them and signed the POA. Make sure that the notary public fills out all their official credentials to give the document legal effect.
4. You, the principal, will have to print your name below the words “To Whom It May Concern.” You should pay special attention to this section because it will validate your power of attorney. It’s mandatory to fill your full name between the words “I” and “the principal” on the first line. You must also pay special attention to the third item.
Ensure that you report the date your POA takes effect and confers authority to your agent in the blank space after the phrase “becoming effective on…” You should also indicate when your POA expires in the blank space after the words “…and terminating on.”
5. Find the phrase that starts with the words “The Property affected…” The blank space here requires you to indicate the city where the estate property covered by this POA is located. Afterward, you must report to the County the properties’ location. Lastly, report the property’s name in the blank space between “…known as” and “more particularly.” You have to find the fourth page and fill out the property’s official legal description of the real estate property your POA document affects.
6. Fill the empty space on the third page after the phrase “…special powers of attorney on.” Here, you, the principal, should fill out the date you signed the document in the blank space after the phrase “…special power of attorney on.” Later, you have to print your name on the document and then sign it.
Beneath this area, you will see another blank space reserved for your notary public. The notary public fills this section to ratify the document and witness that it’s been duly filled as per the law. Afterward, you need to make copies for your agent and the relevant state institutions.