How to Obtain a Power of Attorney in California

You can only be granted power of attorney if the principal chooses to do so.

California law allows anyone capable of entering into a contract to execute a power of attorney. That means anyone over the age of 18 who is capable of making decisions can grant someone else power of attorney. These documents allow others to make decisions on your behalf, with those decisions having the same legal effect as if you had made them yourself. The person granting the power of attorney to someone else must do so of his own free will and in accordance with California law.

Instructions

1. Write it down. All powers of attorney in California must be in writing.

2. Name the parties. Two parties are involved whenever a power of attorney is granted: the principal and agent. The principal is the person handing his power to make decisions to someone else, namely the agent. The power of attorney document must name you as the agent for you to be granted the right to make decisions on behalf of the principal.

3. Have the principal sign the document. To be effective, all powers of attorney must be signed and dated by the principle. If the principal is physically unable to sign a power of attorney document he may direct someone else to sign on his behalf.

4. Have the document witnessed or notarized. California law requires all powers of attorney to be either signed by two witnesses or notarized by a licensed notary public. Any adult may serve as a witness, but the agent in the power of attorney document may not.

Tips & Warnings

• Be specific. Powers of attorney can grant broad or limited powers. These documents must specify what powers the agent is granted or the document may be deemed invalid.

• Consult an attorney. Always consult a qualified California attorney before drafting any power of attorney documents. Even if you use a premade document or template, you should contact an attorney to ensure it is up to date with all relevant California laws.

References

• CalOfficial Calofornia Legislative Information: Probate Code
• Office of the Attorney General of California: Consumers Advance Health Care Directive: What's Important to You

Resources

• Free Legal Forms: California Uniform Statutory Form Power of Attorney