The California durable power of attorney form is a legal document that operates on the following principle: it provides an opportunity for a person to act on behalf of another person and make decisions for them. The legal field prescribes the document’s validity and regulates all issues. Even in the case of the principal’s incapacity, this form has legal force.
People use this form to solve financial issues and fill it out in PDF format or via Word. In addition to a long-term power of attorney concerning finance, there is a medical power of attorney. Therefore, when choosing a form of power of attorney, check which area it belongs to. A long-term power of attorney operates based on California laws and legal norms, according to which you can draw up or revoke a document.
Below is comprehensive information about this form, including the requirements for completing it and the powers of the agents themselves. Please read the content carefully.
You can create a personalized California Durable Power of Attorney Form using a specialized document builder that will get you through the process step by step:
You can also download a free California Durable Power of Attorney Form template as a PDF file to fill and print it out yourself:
California DPOA Signing Requirements and Laws
Like any other legal document, the California DPOA form has several requirements for completion and fulfillment.
Firstly, this document must contain one of the following phrases:
- The subsequent incapacity of the principal does not affect power of attorney in any way
- The moment when a power of attorney comes into force is the beginning of the principal’s incapacity
Secondly, you may get this form from the following institutions:
- State institutions
- Your Representative (Lawyer)
- Free California Form on the Internet
Finally, the document must include information about the execution’s date and the principal’s signature.
- Also, you need to notarize the form or have the signatures of two witnesses on the document. To process the documents, the two parties sign and indicate the validity period on the form.
As for the legislative framework, these requirements for the California power of attorney form are based on the following laws: § 4000, § 4124, § 4401 of 1994 (Ch. 307, Section 16), and § 4121 of 1999 (Ch. 658, Section 29).
According to these laws, the trustee or another person in the principal’s name may sign the document. For such cases, legal norms require the personal presence of the principal and their consent. Moreover, this power of attorney has a statutory form.
What Powers Can an Agent Obtain Under a DPOA in California?
As already noted, this power of attorney includes functions, which the principal determines for the agent. When drawing up and signing a document, the principal must responsibly approach the choice of an agent and understand what a power of attorney is.
According to law § 4401, the principal must indicate the issues for which the agent will be responsible. Secondly, the principal defines several powers.
This person may demand and receive money or other value that the principal claims. Also, the scope of authority includes the preservation, investment, and payment of money. The agent may conclude any contracts with people on the terms agreed with the principal, and execute, seal and deliver documents or acts. This person must keep proper records of each transaction, including receipts, payments; apply to the court for assistance in certain circumstances.
Here is a small list of these issues:
- Contracts
- Banking
- Tax forms
- Employment opportunities
- Settlement of debts and disputes
- Registration of insurance and investments
- Real estate and personal property issues
As for the risks of abuse of authority, the following control tool operates in California. In addition to the signature of the two parties, the principal must contact the third party and provide this person with two identifiers. If the principal and a third party suspect the agent of abuse of authority, they may revoke this power of attorney.
However, to reduce the risk of such cases, choose an agent you trust. In general, the agent can use this form to resolve and resolve any legal issue.
When a California DPOA Can Lose Its Power
There are several reasons why such a power of attorney may lose its validity. If the principal revokes this form in case of abuse of authority by the agent, the document becomes ineffective. Also, in case of death, the legal paper loses its validity. In general, the agent can use this form to resolve any legal issue. You can create a revocation at any time by specifying the reason.
Keep in mind that you must keep this long-term power of attorney in a safe place, for example, in a safe. After signing, provide a copy of the document to your agent, as well as family members.