Q: What are the requirements to make the power of attorney legitimate in California?
A:
A power of attorney is a legal document that gives someone the power to act on behalf of someone else. In California, the person executing the document is referred to as the “principal” and the person chosen to act on the principal’s behalf is referred to as the “agent” or “attorney-in-fact.” There are generally three different types of financial powers of attorney documents recognized in California. A Durable Power of Attorney, a General Power of Attorney and a Limited Power of Attorney. In California, you can draft your financial power of attorney so that it takes effect as soon as you sign it. You must specify that you want it to be "durable." There are specific rules under California law that you must follow to make the power of attorney durable. If you don't, it will automatically end if you become incapacitated. If you don't want to make an immediately effective document, you can state that your power of attorney will not go into effect unless a doctor certifies that you have become incapacitated. This is called a "springing" durable power of attorney.
I would recommend that you consider having a competent estate planning attorney assist you in the preparation of any power of attorney.
Nina Whitehurst agrees with this answer
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