Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

To form a valid financial power of attorney in California, an individual must follow specific legal requirements set forth by state law. The process involves several key steps and considerations:

First, the principal (the person granting the power of attorney) must choose a trusted agent to act on their behalf in financial matters. This agent should be a responsible individual who is capable of managing the principal’s financial affairs competently and ethically.

Next, the principal must obtain or create a power of attorney document that complies with California law. The California Probate Code provides a statutory form that can be used, or a custom document can be drafted by an attorney. The document should clearly specify the powers being granted to the agent and any limitations on those powers.

California law requires that the power of attorney document be signed and dated by the principal. The principal’s signature must be either acknowledged before a notary public or signed by at least two adult witnesses. If witnesses are used, they must observe the principal signing the document or hear the principal acknowledge their signature. The witnesses cannot be the agent named in the power of attorney, a healthcare provider, or an employee of a healthcare facility where the principal is receiving care.

If the power of attorney grants authority over real property transactions, it must be notarized and recorded with the county recorder’s office where the property is located to be effective for those transactions.

It is important to note that while California law does not require the use of a lawyer to create a financial power of attorney, seeking legal advice can help ensure that the document is properly drafted and executed to meet the principal’s specific needs and comply with all legal requirements.

Once the power of attorney is properly executed, it becomes effective immediately unless otherwise specified in the document. The principal should provide copies to the named agent and any relevant financial institutions. It is also advisable to keep the original document in a safe place where it can be easily accessed if needed.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.