What Is a California Power of Attorney?
A California power of attorney (POA) appoints another person to act on your behalf. The principal creates this agreement to grant financial, medical, or legal powers to a chosen agent.
California requires the principal to be at least 18 years old and of sound mind. CA Civ Code § 39 defines a person of unsound mind as “unable to manage his or her own financial resources or resist fraud or undue influence.”
Our free California power of attorney forms help you create a compliant arrangement. Use our customizable templates to select your agent and communicate your wishes.
Types of Powers of Attorney in California
The exact type of power of attorney form depends on your needs. In California, you can use a POA to give the agent legal authority for financial or medical decisions, as well as to determine whether they maintain these powers if you become incapacitated.
Durable vs. Non-Durable
Any power of attorney may include terms regarding the agreement’s durability. In a durable power of attorney, your agent retains their authority even after you become incapacitated. A non-durable power of attorney ends when the principal loses capacity.
Per CA Prob Code § 4124, the POA document must include a statement declaring it a durable agreement. Any agreement that doesn’t explicitly note this continuation will end at the principal’s incapacitation.
Financial
Use a financial power of attorney to give your agent access to your monetary assets. They can act on your behalf to make transactions or handle your property. You can choose which financial duties you want to give to the agent, such as:
- access to bank accounts
- ability to pay bills
- authority to make transactions
- power to handle investments
- right to manage property
Medical
Creating a California medical power of attorney provides your agent control over your health care decisions. You can use this form to mark which decisions you do or don’t want to give to the agent. Generally, a medical POA includes handling medications, treatment plans, surgeries, life support, and medical record access. You can communicate your wishes for end-of-life care in a living will and combine it with your medical POA to form an advance directive.
The state of California requires every health care power of attorney to be notarized or signed by two witnesses. These witnesses may not include any of the following parties:
- named agents
- health care providers
- relatives of the principal
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. Patients 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).
Springing
In effect at a future time and only when a specific event occurs, such as the incapacitation of the principal.
Signing Requirements: Notary public or at least two witnesses.
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.
How to Write a Power of Attorney in California
Writing a power of attorney document in California requires you to follow state guidelines. Create a binding POA agreement with the following steps:
- Identify the principal and agent: Provide the principal and agent’s full legal name, address, and phone number.
- Select agent authorities: Mark which authorities you want the agent to handle. These duties usually include handling bank accounts, investments, health care services, and property.
- Provide special instructions: Add specific powers or limitations not covered by the general authorities. You can include conditions related to trusts, gifts, and financial transactions.
- Set the termination: Choose whether you want the agreement to end at the principal’s incapacitation.
- Include the effective date: Note when you want the agreement to take effect. California POAs must include the date of execution to be legally valid. Unless otherwise stated, it will be presumed that the document becomes effective immediately.
- Authenticate the document: Secure the document’s validity by obtaining notarization or two witness signatures. Also, attach supporting documents, such as an agent acknowledgement.
California Power of Attorney Requirements & Legal Considerations
Power of attorney arrangements rely on state laws to determine the required information and processes. Understanding California power of attorney requirements ensures your agent can easily act on your behalf. Consider the following legal considerations for establishing a POA.
Notarization
Per CA Prob Code § 4121, establishing your California power of attorney requires either notarization or the signature of two eligible witnesses. Having your POA notarized offers the most significant level of authentication and can help avoid disputes.
If you use witnesses instead of a notary public, ensure that they meet the state requirements in CA Prob Code § 4122. Witnesses must be over the age of 18 and not listed as an agent.
All POAs that include real estate transactions require notarization.
Filing
POAs in California typically don’t need to be filed. However, filing a copy of your document with financial or health care institutions provides extra protection. Agreements involving real estate transactions should be filed with the county recorder’s office where the property is located.
Revocation
You can revoke the power of attorney if you no longer want your agent to act for you. Using the process outlined in CA Prob Code § 4153, provide a written or verbal notice to the agent informing them of the revocation. Until the agent actually receives notice, they may continue to act on your behalf, so it is important to notify them in a timely manner.
Other events, such as incapacitation, may end the agent’s authority according to the terms of the original agreement. In addition, CA Prob Code § 4154 states that if the agent is the principal’s spouse, a divorce will automatically revoke their authority.
