A California power of attorney grants someone else, called the “agent,” the ability to act on your behalf in finance, property, or medical decisions. You can use this document to have someone manage your affairs and sign day-to-day paperwork when you’re traveling or to plan for a time when you may become “incapacitated” due to injury or illness and can’t make decisions for yourself.
Laws
Statute: Powers of Attorney (California Probate Code, Division 4.5. [4000 – 4545]).
By Type
Durable (Financial)
Remains in effect even if the principal becomes incapacitated (e.g. falls into a coma or develops dementia).
Signing Requirements: Notary public or at least two witnesses.
Medical
Gives the agent the power to make medical and health care decisions on the principal’s behalf.
Signing Requirements: Notary public or at least two witnesses. Patient in nursing facilities also need the signature of a patient advocate or ombudsman (Section 4674 and Section 4675 of the California Probate Code).
Limited (Special)
Limits the powers assigned to an agent for a specific task (or tasks) within a specific period of time.
Signing Requirements: Notary public or at least two witnesses.
Non-Durable (General)
Assigns extensive financial powers to an agent. The document becomes void if the principal becomes incapacitated.
Signing Requirements: Notary public or at least two witnesses (California Probate Code § 4121).
Advance Directive for Health Care
Durable by default, the document combines a Medical Power of Attorney and a Living Will.
Signing Requirements: Notary public or at least two witnesses (California Probate Code § 4673).
Motor Vehicle (Form REG 260)
Assigns an agent to represent you before the Department of Motor Vehicles (DMV).
Signing Requirements: Principal Only.
Real Estate
Enables a principal to appoint an agent to manage real estate transactions in their absence.
Signing Requirements: Notary public or two witnesses.
Tax (Form FTB 3520-PIT)
Grants an agent the authority to act on your behalf regarding state tax-related matters.
Signing Requirements: Taxpayer.
Minor (Child)
Grants an individual the authority to make decisions on behalf of a parent or legal guardian.
Signing Requirements: Notary public or two witnesses.
Revocation
Enables an individual to end the authority previously granted to their agent.
Signing Requirements: Notary public or at least two witnesses.
