Power of Attorney Rules in California

California law provides for different types of powers of attorney. Understanding the power attorney rules in California is the first step in creating a power of attorney for your particular needs. California law provides for four distinct types of financial powers of attorney as well as a durable power of attorney for health care. Failure to comply with California power of attorney laws and rules will make the instrument ineffective.

Durable Financial Power of Attorney

California permits a person to establish a durable financial power of attorney with general or specific applications. A general financial power of attorney permits the person designated in the document (the attorney in fact) to handle the financial affairs of the person who created the power of attorney (the grantor).

A durable financial power of attorney also can specifically delineate the authority of the attorney in fact. For example, a durable power of attorney can limit the authority of the attorney in fact to deal with real estate matters on behalf of the grantor. Also, because it is durable, if the grantor ever becomes incapacitated, the attorney in fact continues to act on his behalf.

Non-Durable Financial Power of Attorney

A financial power of attorney does not have to be durable under California law. In the event a financial power of attorney (general or specific) is not durable, California law terminates the power of attorney if the grantor becomes incapacitated.

Durable Power of Attorney for Health Care

According to California law, you can create a durable power of attorney for health care. This type of power of attorney designates someone to make medical decisions on your behalf if you are incapable of doing so.

Execution

California law requires that a grantor sign any type of power of attorney in front of a notary public.

Termination

California power of attorney rules give a grantor the right to terminate a power of attorney any time she chooses. Additionally, all types of powers of attorney terminate upon the death of the grantor.

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