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 in his or her behalf. The person acting on behalf of the principal, or agent, is expect to make all decisions in the best interest of the principal. The document can specify broad or narrow powers. It can be tailored to be in effect for a long period of time or a short period of time.
Signature – All forms should comply with of the California Probate Code and must be signed with at least two (2) witnesses (in accordance with ) or a Notary Public.
Durable Power of Attorney – Is meant to allow an agent to act on behalf of the principal in specified instances. The powers are considered “durable” because they continue or go into effect when the principal is in such a position that he or she cannot make determinations in his or her best interest.
General Power of Attorney – Allows an individual to give certain powers to a friend or relative in order to handle certain situation on behalf of the individual. In the event the individual experiences a time when he or she is no longer able to make cogent decisions, this form will become void.
Limited Power of Attorney – This form is meant to take into account certain limited situations where a principal needs to have an agent act for him or her.
Medical Power of Attorney (Advanced Health Care Directive) – This document allows a person to choose someone whom they deem trustworthy to make health decisions on their behalf in the event that the principal is unable to do so.
Parental (Minor Children) Power of Attorney – This form permits a parent to grant the power to a temporary guardian to make decisions on behalf of their children in case the parent has to be away from the children for a period of time and therefore unable to make every day decisions for them.
Real Estate Power of Attorney – For the sale, management, or purchasing of real property on behalf of someone else.
Revocation of Power of Attorney – This form is used when a person of sound mind seeks to revoke a power of attorney they may have created in the past.
Tax Power of Attorney – This form is used when a person seeks to have someone else represent them in matters involving the California Tax Service Center.
Vehicle Power of Attorney – This form is helpful in the event someone needs to have a representative handle matters with the California Department of Motor Vehicles.
How to Write
1 – Select the Preferred File Type
Click on one of the three buttons beneath the image on the right. Each one will link to the correct form of the file type labeled on the button.
2 – Document Both Principal And Agent(s)
The Principal should read the initial Notice. Once it is understood, he or she should locate the blank spaces labeled “Principal’s Name” and “Principal’s Address” then enter this information as requested.
Next, the Agent’s Name and Address must appear on the spaces labeled “Agent’s Name” and “Agent’s Address.” Note: Make sure the Address reported here for the Agent (Attorney-in-Fact) is recorded precisely as it appears on the Agent’s Identification
3 – Define The Principal Powers Bestowed On The Agent
The Authority or Powers the Principal will bestow on the Attorney-in-Fact will need to be defined. For the most part such Authority will fall into several basic categories as defined in the area beneath the word “Initial.” Notice, each power is preceded by a letter and a blank line. Each Power the Principal intends to grant the Agent should be initialed on this list. If the Principal wishes to grant all the powers listed, he or she may simply leave list items A through M blank, and Initial the last item “(N) All of the Powers…”
The Principal must initial Item A to grant Authority in Real Property Transactions
In order to grant Authority over Tangible Personal Property Transactions, the Principal must initial Item B
To grant the Agent Authority over Stock and Bond Transactions, the Principal must initial Item C
The Agent may gain Principal Power over the Principal’s Commodity and Option Transactions if the Principal initials Item D.
The Principal should initial Item E to grant Power to the Agent regarding Banking and Other Financial Institution Transactions
The Principal must provide his or her initials in Item F to give the Agent Pricipal Authority in Business Operating Transactions
If the Principal wishes to grant the Agent Powers regarding Insurance and Annuity Transactions he or she must initial Item G
In order for the Agent to gain Principal Authority in Estate, Trust, and Other Beneficiary Transactions, the Principal must initial Item H
The Principal should Initial Item I to grant Authority over Claims and Litigation
The Principal must supply his or her initials in Item J to grant Authority in Personal and Family Maintenance
The Principal may give the Agent Authority in Benefits from Social Security, Medicare, Medicaid, or Other Governmental Programs, or Civil or Military Service by initialing Item K
In order to grant Authority regarding Retirement Plan Transactions the Principal must enter his or her intials in Item L.
The Principal must Initial Item M to grant Authority in Tax Matters
The Principal may choose to grant the Agent Principal Authority in all of these subjects, if so then he or she should Initial Item N and leave the previous Items blank.
The area following the list items will contain several blank lines. These have been provided so that a report on any provisions, extensions, restrictions, etc. (applicable to the powers being granted) may be documented.
4 – Options
Two options have been provided on this form. The first will concern the Durability of this document.
If the Authority granted through this form is to automatically terminate should the Principal be rendered incapacitated (i.e. a coma), then cross out the statement “The power of attorney will continue to be effective even though I become incapacitated.” However, if the Principal requires the Agent listed here to retain his or her Principal Authority, then leave this statement intact.
In cases where the Principal has more than one Agent, how they function in relation to each other will need to be defined. Locate the statement beginning with the words “If I have designated more…” If the two Agents are to operate independently of one another, then write the word “Separately.” If the Agents are to work in conjunction with each other, then write in the word “Jointly” or leave it blank.
5 – Authenticity By Signature
The paragraph at the bottom of this page contains the conditions associated with a future revocation of this document. This should be read and understood by the Principal. Below this will be three blank spaces on the line beginning with “Signed this…” Make sure to enter the Calendar Date this document is being signed. Enter the Day, Month, and Year using these spaces.
The Principal must sign his or her name on the “Signature of Principal” line. Below this, the Principal’s Social Security Number must be supplied.
The next page, “Acknowledgement,” may only be satisfied by the Notary Public serving this Signing. This party will supply verification of such facts as where the Signing took place, when it took place, and who was present. This should be followed by the Notary Public’s Signature, Commission Expiration and Seal
The following page, “Notice To Person Executing Durable Power of Attorney,” should be read and comprehended by the Principal. When ready, the Principal should Initial the bottom of the page.
The final page, “Notice To Person Accepting The Appointment As Attorney-In-Fact,” must be read and understood by the Agent. Once this is done, the Agent must Sign and Print his or her Name at the bottom of this page.