Durable General Power of Attorney in California

California flags

A power of attorney is a vital estate-planning tool. Upon proper execution, a power of attorney can provide reassurance to the principal and instill great responsibility in the appointed attorney-in-fact.

Definition

In California, the durable general power of attorney is a legal document designed to protect the interests of a person, known as the principal, who has given another person (known as the attorney-in-fact) power to act on the principal's behalf.

Time to Take Effect

A durable general power of attorney becomes effective when the document becomes fully executed, unless a specific date is provided by the principal. A power of attorney protects during the principal's lifetime and has no effect on how his property passes upon his death.

Powers Provided

Powers granted in a power of attorney

The activities or powers granted in a durable general power of attorney include the power to sell, mortgage or rent property; manage the finances of the principal, and performing any act that the principal could do independently. An attorney-in-fact cannot execute a living will or last will and testament on behalf of the principal.

Types of Durable General Powers of Attorney

California allows different types of layouts for a durable general power of attorney. Some forms give the attorney-in-fact the permission to do almost anything that the principal could do, while other durable general forms list specific powers granted to the attorney-in-fact.

Properly Executed

The state of California requires that a competent principal sign the documents and his/her signature witnessed by two uninvolved witnesses and notarized by a California notary public. According to the website of lawyer Jan Morrison, the attorney-in-fact must also sign the power of attorney, thereby agreeing to the terms of the power of attorney.

References

• "Administration of Wills, Trusts and Estates"; Gordon Brown and Scott Myers; 2009
• Law Offices of Jan Morrison