In California, residents are allowed by the laws of the state to choose someone to represent them in all their affairs or only certain matters while they are away and cannot make certain actions themselves.
The individual they choose, usually a spouse or family relative, will be responsible for handling all their business transactions, finances and real estate properties. In this case, it is called a general power of attorney California. In this article, you will learn a lot more about a California general power of attorney.
What is The California General Power of Attorney?
Unlike a durable poa form California, a general power of attorney form California is a legal form through which an entity can grant another, powers to act on their behalf in all their legal and financial matters when they are away in the state of California. The one who chooses another to represent him/her is referred to as the principal while the representative is described as the agent or attorney-in-fact.
Typically, a general power of attorney California becomes invalid upon incapacitation or death of the principal. In California, all general power of attorney forms must be executed in accordance with the dictates of California Code Section 4121.
How Does A California General Power of Attorney Work?
The California General Power of Attorney Law says that all general power of attorney California forms are valid as long as the stipulated requirements are met. In other words, it does not matter whether the form is downloaded online or collected from a government office.
However, the form must contain:
- The title of the form
- Identity of both principal and agent
- Authority and powers of agent written in clear terms
- Durability of form
- Signature of both principal and agent
The form must also be customized for California, or it might not be tenable in the state. One can obtain a general power of attorney form specially designed for California from reputable platforms like CocoSign, among others.
If the principal chooses to grant the agent powers to continuously represent him/her even upon incapacitation, it becomes a general durable power of attorney California. In this case, it must include a clause that says the power of attorney is not be affected by the subsequent disability or incapacity of the principal.
General Power of Attorney Requirements in California
According to Section 4121, a general power of attorney form California is legally sufficient if it satisfies the following requirements:
- The power of attorney California form contains the date of execution
- The general power of attorney form is signed either by the principal or another legal adult directed by the principal to sign on his/her behalf
- The form must be signed by at least two witnesses or acknowledged by a notary public.
The following requirements apply to the witness
- They must be adults, that is, at least 18 years of age
- The agent or attorney-in-fact cannot stand in as a witness
- Each of the witnesses signing the general poa must witness the principal’s signing of the form or an acknowledgement of the signature on the document by the principal.
To revoke the powers of the agent, the principal must send the agent a notice of revocation of the agent’s powers. All third parties relying on the authority of the agent should also be sent this notice.
Other Key Factors To Note
The following are some other things to note about a general power of attorney California
- A principal may set an expiration date for the power of attorney, a date after which these powers no longer become valid.
- A principal is allowed to decide whether the agent’s powers come into effect immediately or at a later date.
Drafting a California general durable power of attorney fillable form is recommended for every California citizen who is at least 18 years old. This brings a certain level of assuredness for the one who drafts it. There are several templates and fillable forms available on CocoSign for free download one can work on.
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