A power of attorney (POA) is an important document in the corporate and legal environment. In a business hub like California, this type of document is even more important. The POA essentially grants authority to another person to act on someone’s behalf in his/her absence. This would, to the most degree, solve the problem of the unavailability of the person in charge.
But how do you go about creating a California power of attorney form for yourself or your company? Consider using CocoSign’s powerful power of attorney California templates.
What is California Power of Attorney?
A power of attorney, abbreviated as POA, is a legal document that grants someone the authority to act and direct things on someone else’s behalf, usually the one responsible for carrying out the tasks.
The person who authorizes the power is known as the “Principal,” while the person to whom it is granted is called the “Agent” or “Attorney-in-fact.” With this document, the agent gains a limited or broader set of authority to act and use his authority.
A POA is not only important in your absence, but also when you’re seriously ill and after your untimely death. Without this authorization, your family, friends, and business associates might experience expensive and time-consuming delays. Since a principal can only issue POAs, there will be no way for agents to obtain one when you’re not around.
Please note that a Will will not replace a power of attorney California since it doesn’t grant authorization to carry out a task. A Will only informs about the distribution of your wealth when you’re dead, but a POA is meant for the decision made when you’re alive.
Power of attorney doesn’t refer to a single document, and there are different types you can choose from. In a section below, we’ve listed the types of POAs which you can download and use for your own business.
Why Would You Use A California Power Of Attorney Form?
The main objective of a power of attorney form California is to grant someone the legal power to act on your behalf when you’re absent. A Power of Attorney document is used to establish either temporary or durable power of attorney.
Durable authority is an important component of your advance health care directives in California. By having a health care power of attorney (which is just one of the many types of POAs), you have an intrinsic durable power of attorney.
By reading this document, a healthcare professional will be able to determine what to do in your absence and with whom he/she should deal with.
But other types of POAs require the inclusion of certain words and sentences that’d ensure proper authorization to the agent to act on your behalf.
What Are The Power Of Attorney Requirements In California?
When creating a California power of attorney for yourself, you need to meet the minimum requirements as set by Californian regulation. Your legal advisers and concerned individuals will look at these to determine the authenticity of the POA.
Capable and Soundness of Mind
First and foremost, you should only grant the authorization to a person who is capable of carrying out the tasks on his/her own. In other words, he/she should have knowledge and experience in this domain.
Additionally, he/she should not be forced into it or misled. Depending on who is dealing with the agent on your behalf, additional documents might be required to support the POA.
A California power of attorney document should follow a proper format. This depends on the type of POA you’re issuing. All of our POA templates follow a proper format that clients will look at. This makes it easy for you to create POAs. In California and a few other states, a notary is also required.
The POA must be created with someone or a group of people as a witness. They must be present when the POA is signed and handed over to the agent.
Can Power of Attorney be Revoked?
Yes. It is a must that you include a revocation clause along with the Power of Attorney document. This will come into effect if the agent is found breaching the clauses mentioned in the document. Issuing a POA doesn’t deprive the Principal of his or her authority.
Therefore, you can always revoke the POA when you find it suitable by drafting an official statement to the agent. Our templates also include a POA revocation document that you can use.
Types of Power of Attorney in California
POA in California doesn’t refer to a single document. There are different types of POAs you can use. Which one to download and use depends on a particular scenario. Five most common types of Power of Attorney documents are:
Conventional Power of Attorney
This is the most common type of POA issued in California and is very specific. You need to mention for what reasons you’re using the POA and what level of authority you’re granting. This type of POAs is also known as “Limited Power of Authority”.
As opposed to a conventional POA, a durable power of attorney California stays for a lifetime. That is unless you revoke it or initiate a cancellation. The document specifies what the agent is capable of doing in your absence. This is both easy and inexpensive to manage affairs.
These types of POAs come into effect only when a specific event takes place. That should be explicitly mentioned in the document. The specificity regarding what powers are authorized and when it will be taken back should also be included.
Medical POAs are durable and used for healthcare decisions. Usually, the medical POA only comes into effect when the Principal suffers a medical condition because of which he/she becomes incapacitated of making decisions.
These types of POAs are mostly used by parents to grant authority to their children for carrying out tasks in their absence.
How to Get a Power of Attorney in California?
To issue a power of attorney document in California, you need to include all the necessary information in a sheet of paper. The following information is mandatory to include:
- Date of authorization
- Expected end date
- Authority granted
- Revocation clause
You can download our templates that contain all of the necessary fields required in a POA. Download and edit the fields on your computer.
As required by Californian law, you need to sign with witnesses present. So, call two to three witnesses and sign it with the agent(s). Once done, get it notarized by hiring a practicing lawyer.
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