California Statutory Power of Attorney
A California statutory power of attorney is a legal document that allows you to appoint someone to act on your behalf in financial and legal matters. This document is governed by California law and has specific requirements for its creation and use.
Purpose and Scope
A California statutory power of attorney can be used for a variety of purposes, including:
- Managing your finances
- Making medical decisions
- Handling legal matters
- Selling or buying property
The scope of the power of attorney will depend on the specific powers that you grant to your agent.
Durable Power of Attorney for Health Care
A durable power of attorney for health care in California allows you to appoint someone you trust to make medical decisions on your behalf if you become unable to do so yourself. This document is particularly important for individuals who are concerned about their future health and well-being.
Under a durable power of attorney for health care, you can grant your agent broad powers to make decisions about your medical care, including:
- Choosing and consenting to medical treatments
- Refusing or withdrawing medical treatments
- Making decisions about life-sustaining treatments
- Accessing your medical records
- Communicating with your healthcare providers
To create a valid durable power of attorney for health care in California, you must meet the following requirements:
- You must be 18 years of age or older and of sound mind.
- You must sign the document in the presence of two witnesses who are not related to you by blood or marriage.
- The witnesses must also sign the document and provide their addresses.
Financial Power of Attorney
A financial power of attorney is a legal document that gives someone the authority to manage your financial affairs. This can be helpful if you are unable to do so yourself, such as if you are incapacitated or out of the country.
A financial power of attorney can give your agent broad powers, such as the ability to:
– Manage your bank accounts
– Pay your bills
– Invest your money
– Sell your property
– File your taxes
However, you can also limit the powers that you grant to your agent. For example, you could give them the power to manage only your checking account, or you could give them the power to sell your property only if you become incapacitated.
To create a valid financial power of attorney in California, you must:
– Be at least 18 years old
– Be of sound mind
– Sign the document in front of a notary public
You can also choose to have your power of attorney witnessed by two adults who are not related to you or your agent.
Once you have created a financial power of attorney, you should give a copy to your agent and to anyone else who may need to know about it, such as your bank or your investment advisor. You should also keep a copy for your own records.
Springing Power of Attorney
A springing power of attorney in California is a legal document that becomes effective only upon the occurrence of a specified event or condition. This type of power of attorney is often used to plan for the future, such as in the event of incapacity or disability.
Springing powers of attorney can grant a wide range of powers to the agent, including the power to make financial decisions, manage property, and make health care decisions. The powers granted under a springing power of attorney must be clearly defined in the document.
To create a valid springing power of attorney in California, the following requirements must be met:
– The document must be in writing.
– The document must be signed by the principal (the person granting the power of attorney) and two witnesses.
– The document must state the event or condition that will trigger the power of attorney to become effective.
– The document must be notarized.
Statutory Power of Attorney for Minors
A statutory power of attorney for minors in California is a legal document that allows a parent or guardian to appoint an agent to make decisions on behalf of their child. This type of power of attorney is typically used when the child is unable to make decisions for themselves due to age or disability.
The powers that can be granted under a statutory power of attorney for minors are broad and can include the following:
– The power to make medical decisions for the child
– The power to make financial decisions for the child
– The power to make educational decisions for the child
– The power to make legal decisions for the child
To create a valid statutory power of attorney for minors in California, the following requirements must be met:
– The document must be in writing and signed by the parent or guardian.
– The document must state the name of the agent and the powers that are being granted to the agent.
– The document must be notarized.
