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 & Requirements
Statute: California Probate Code, Division 4.5. Powers of Attorney [4000 – 4545].
Signing Requirements: For a power of attorney to be legally sufficient in California, it must carry the date of execution, be signed by the principal or if the principal cannot sign, by another adult in the principal’s presence and at the principal’s direction, and it must be notarized or signed in front of two other witnesses (Cal. Prob. Code § 4121).
California Power of Attorney – By Type
General (Financial) Power of Attorney
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).
Medical Power of Attorney
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).
Durable (Statutory) Power of Attorney
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.
Vehicle Power of Attorney (Form REG 260)
Assigns an agent to represent you before the Department of Motor Vehicles (DMV).
Signing Requirements: Principal Only.
Tax Power of Attorney (Form FTB 3520-PIT)
Grants an agent the authority to act on your behalf regarding state tax-related matters.
Signing Requirements: Taxpayer.
Minor (Child) Power of Attorney
Grants an individual the authority to make decisions on behalf of a parent or legal guardian.
Signing Requirements: Notary public or two witnesses.
Real Estate Power of Attorney
Enables a principal to appoint an agent to manage real estate transactions in their absence.
Signing Requirements: Notary public or two witnesses.
