The California durable power of attorney form is a legal form used when the creator of the form wants to assign somebody else to act on their behalf. The particular kind of power of attorney form that we discuss here relates specifically to financial matters. It means that the durable power of attorney form would not extend its legal power to other decisions, such as health-related decisions or any affairs that the creator has not defined explicitly.
When a power of attorney form is termed “durable,” as opposed to a general power of attorney, for example, it means that the form retains its power, or even specifically comes into effect, when the creator is incapacitated. A general power of attorney form usually terminates upon death or incapacitation, and this is why you may prefer filling out a durable power of attorney form instead.
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There is another term that you need to know before signing a durable power of attorney form. The person you appoint to act on your behalf in your power of attorney form would be called an “agent” or “attorney-in-fact” in the document.
There are different reasons why somebody may want to sign a durable power of attorney form and assign an agent. Having a durable power of attorney is especially useful in case you become incapacitated because then the family does not need to go through a court process to take care of your financial matters for you. Make sure that you name someone you deeply trust as your agent, preferably someone who is a beneficiary in your will.
Before you proceed to create your power of attorney, you need to decide what specific matters you want it to cover, when a power of attorney is applied, and who will be your attorney-in-fact. Remember that you need to make sure that a notary public confirms the signing of the power of attorney form or that at least two witnesses are present at the moment of signing, and they have acknowledged it.
A power of attorney in California usually lasts six years. When you want to extend the duration of your power of attorney, you will need to submit the form again.
According to the California Probate Code (Division 4.5, Part 2, Chapter 4), there are several requirements that a valid power of attorney form needs to meet. These are the following:
It needs to be clarified that any of the witnesses cannot be the attorney-in-fact, and they should be adults. Another detail to pay attention to is how you fill out the form if you want to create a durable power of attorney form so that your attorney-in-fact can act on your behalf in relation to financial matters in case you have become incapacitated. You will need to state explicitly in the form that a power of attorney will not be affected by your incapacity. You could also specifically request that a power of attorney come into power when you become incapacitated. This should be reflected in the written form in the document as well. If you do not state explicitly that a power of attorney applies only when you become incapacitated, the form will take effect immediately.
Always think in advance what kind of powers you want to delegate to your attorney-in-fact. These are just some of the examples of the categories of transactions that they can take care of for you:
Popular Local Durable POA Forms
DPOA docs are among the most commonly used ones within the USA. Here are some of the most requested durable power of attorney papers.
To complete the form easily and fast, use our form building software. You will need to go through the following steps:
1. Read the form
Before you start signing the form, read the notice, and make sure that you understand what powers the form will grant to your attorney-in-fact.
2. State your name and address
Put your name and address in the appropriate space in the form.
3. State who your agent will be
Name the person who will be your attorney-in-fact. Put their name and address in the form. The form allows you to have more than one person as your agent.
4. Initial the lines that refer to specific powers you want to delegate
Carefully read how to initial the appropriate lines. You may just initial one line if you want to delegate all of the powers or initial what specific powers you are willing to delegate. Think it through in advance.
5. Leave additional instructions
You can write down special instructions if needed.
6. Indicate how a power of attorney will be applied if you have two agents
In case you are delegating the powers to more than one person, indicate how they should act.
7. Sign the form
Sign the form and put in the date.
8. Let the notary public or your witnesses sign the form
Depending on who is going to confirm that you have signed the form, give the form to them to fill out.
More popular California forms readily available for download here and can be customized in our simple document constructor.