How To Get Power Of Attorney

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“A power of attorney (POA) document is important for aging. However, this is different, as the scope of a POA can play a critical role in various scenarios. It is best to safeguard its principal’s interests irrespective of age.”

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How To Get Power Of Attorney

If you plan to appoint someone as your POA, this blog is for you. Keep reading to know every crucial detail about POA. 

 

What is a power of attorney (POA)?

Simply put, a power of attorney (POA) document is a legal document of authority. This authority is from one person, known as the ‘principal,’ to another, called the ‘agent,’ granting him the power to take certain actions or decisions on the principal’s behalf.

Generally, such decisions are concerned with the principal’s legal, business, wealth, and medical subjects.

 

Who requires a power attorney in California?

California law governing power of attorney protects a range of scenarios. If you have a home or a business, keeping this type of legal document is an ideal idea.

Here are some examples of specific scenarios in which a California power of attorney could be helpful.

  • When you’re involved in a major accident in which you are in a coma for two months. Your agent is entrusted to take care of your health with your doctor until you can return to consciousness.
  • The parents of your family are growing old, and you’re concerned about them becoming victims of abuse by elders, which includes financial fraud. 
  • You run a successful business and sign an agreement to purchase another smaller company. You’re absent when the deal is to close and have been given the power of attorney. You have to sign the agreement on your behalf.

Suppose you’re in any one of those scenarios. In that case, the power of attorney allows you (or whomever the principal is) to keep a certain amount of control, even when taking action directly is impossible.

 

Types of Power of Attorney

A power of attorney document will vary according to the purpose and circumstances of each case. Therefore, based on this diversification of matters to which it can be applied, there are five types of power of attorney.

  1. General POA
  2. Durable POA
  3. Non-Durable POA
  4. Special or Limited POA
  5. Springing Power of Attorney

These types explain when a POA becomes enforceable or revocable in the event of the principal becoming or not becoming incapacitated.

 

General power of attorney

As the name suggests, a general power of attorney can include the authority to make decisions regarding multiple and many interests of the principal. For example, looking after day-to-day affairs, children’s education, etc.

Such power of attorney becomes invalid when the principal cancels the POA, becomes incapacitated, or passes away.

 

A durable power of attorney

A durable power of attorney also gives the authority to look after the vast affairs of the principal. Such POA is not governed by a fixed period and would not be revoked even if the principal dies.

A durable financial power of attorney ventura attorney is exercisable when the principal becomes incapacitated or cannot look after his affairs.

 

Non-durable power of attorney

A non-durable POA is a limited-time authority granted to an agent to fulfill any particular task or transaction.

Such power of attorney will automatically expire once its intended objective is accomplished.

 

Special or limited power of attorney

The example of appointing a real estate agent in the beginning paragraphs of this article is a case of special or limited power of attorney.

Such POA is usually for carrying out one-time business, banking, or financial nature transactions on behalf of the principal because the principal is unable to do so due to their other commitments.

These power of attorney documents also clearly mention the exact scope of the POA regarding what an agent can and cannot do on the principal’s behalf. In such cases, an agent is exactly transacting as if the principal was present on the spot to do the same.

Under the special or limited power of attorney, an agent cannot, in any case, unless approved by the principal, alter the existing rights granted to him.

 

Springing power of attorney

A springing POA is an enforceable document when a certain condition is met. Examples of such conditions can be the principal becoming incapacitated or the occurrence of any other contingent event.

 

Power of attorney records

Remember that a POA is only valid when it is in written form. Any verbal communication between two persons who are a principal and an agent will not constitute a valid or enforceable POA.

A written POA document is enforceable and acceptable in all the states of the US. However, the rules and requirements of POA may vary from state to state.

Depending on your state or the institution you are dealing with, such as your bank, you might be provided with a standard draft format or form of how the POA should be.

Once you have formally drafted or filled in the details on the prescribed POA form, get it witnessed and notarized.

After this, a copy of the POA should be made available to every concerned person, including the agent, while the original POA stays with the principal.

Unless a POA is related to real estate, it can be submitted in court or other relevant government offices to become effective.

To cancel a power of attorney, you should serve a written notice to the agent, every concerned person, the court, and the government office if the case may be.

 

POA responsibilities

 

POA responsibilities

 

Aside from the responsibilities entrusted through the POA, an agent also has the following responsibilities –

  • Carefully read the POA document to understand the responsibilities the principal has assigned you fully. In case of any ambiguities, ask the principal or his lawyer or consult your lawyer to understand better what may be bothering you.
  • If the POA involves the right to access legal or other important documents, ask the principal to either provide them in advance as originals or copies or make arrangements for their prompt availability if and when needed.
  • Ensure your assigned duties are honored rightfully and in the principal’s best interest.

 

How do you get power of attorney?

As a power of attorney is responsible for many legal tasks, you must make wise decisions. You must look for someone trustworthy and reliable enough to fulfill all the duties. The agent you hire should be capable enough to handle your affairs when you cannot do so. Once you have hired the ideal and the most responsible POA, it is time to decide what tasks to assign them. It depends on you to what extent duties you wish to give to your attorney and in what circumstances they will take action.

Anyone above eighteen can set up an attorney, depending upon the circumstances. While seeking an answer on how to get a power of attorney, you might come across various explanations and limitations. Moreover, the POAs differ according to your state and the responsibilities you want to assign to them. Every state has its requirements for hiring power of attorney. Therefore, you must choose one that is adequately aware of the state’s legal rules and conditions. 

 

What are the requirements and limitations while setting up a Power of Attorney?

How to obtain power of attorney? While setting up a power of attorney, various questions might pop up in your mind, including whether you need a lawyer to get a power of attorney. These questions are general if you are looking for a power of attorney. Hiring a lawyer while setting up a POA is not legally mandatory. But consider it if you are planning on giving high responsibilities and powers to the attorney. The lawyer will provide legal advice before you put any complicated duties on the POA. 

Moreover, the attorney also helps ensure that your appointed POA can take on all the responsibilities. The financial and business obligations and ensure they are aware of the issues if power is invoked. The lawyer also questions the POA to learn if they know the state’s legal rules and requirements. The POAs have to face certain limitations as well. For example, the POA can only operate when the principal has total capacity. 

 

What are the drawbacks of not having a power of attorney?

POAs help you in various ways, from protecting your finances and real estate interests to making good decisions for your health. These decisions are made when you are mentally or physically unfit to do them alone. They can also protect your manner of dying. Your family must deal with costly and time-consuming trials if you don’t have a POA. But the people can appoint the POA, and only the court can do it.

If a person becomes mentally unfit to set up a POA, neither close relatives nor friends can appoint the POA on their behalf. In such a case, the court appoints the guardian or conservator who helps set the POA that will take over the affairs of the unfit person. No one can interfere in the person’s matters when the POA is established. So, setting up a POA when you are stable will save your family from ugly situations. Even when you die, your POA will justly distribute your assets according to your instructions. 

 

What are the rights of the POA?

A power of attorney has the right to make important life decisions on behalf of the principal. POA is often the agent, while the person who sets them up is called the principal. The principal set up the POA through the legal procedure and appointed his specific duties and responsibilities. Therefore, considering this, the POA has various power of attorney rights and limitations, which can also be termed duties. 

Some of the rights of a power of attorney are listed below;

  • The right to make financial decisions on behalf of the principal. These include personal or business-related issues.
  • To buy or sell property on behalf of the principal.
  • The right to make healthcare decisions and hire appropriate doctors for the principal.
  • To open bank accounts or purchase life insurance policies for the principal.
  • The right to open a lawsuit or sign the necessary legal documents on behalf of the principal.
  • To make appropriate living arrangements according to the health of the principal. 
  • The right to receive various income forms on behalf of the principal.

 

What are the limitations of the POA?

Although the POAs manage many of your legal affairs, there are certain limitations that you should take care of. Some of the regulations are:

  • It cannot take any legal decisions after the death of the principal.
  • Power of attorney cannot transfer the responsibilities to any other agent.
  • It doesn’t have the right to work against the principal’s interests.
  • It must keep the will and make amendments in real estate planning.

 

FAQs

 

Who can create a California power of attorney?

Anyone in good health and not under any undue influence or pressure can sign the California authority of attorney.

 

Can I cancel a power of attorney?

Yes, you can revoke the California “POA.” at any time, so long as you’re in good health and are competent to make decisions.

 

When will my power of attorney take effect?

That’s entirely up to you. You can create your POA to be effective as soon as you sign it, the time you choose or only if you are incapacitated.

 

When does my power of attorney expire?

It’s up to you. You can decide on an expiration date or even conditions to terminate it. If the authority of attorney is long-lasting and is in force, it continues to be valid until your death, until if events occur that you cancel it, a court removes it, or a person is in place.

 

Does my agent have the authority to make changes to my testamentary will?

No. Agents are allowed to take care of many things on your behalf in California. However, they need to be able to alter or amend your will or create trust on your behalf.

 

Conclusion

The practicality of life is that it is highly unpredictable. And this does not only mean any unforeseen event that may cause death. So, appointing the right person as your power of attorney at the right point in your life is always advisable. Having a trustworthy person caring for your interests brings peace of mind. So, what are you waiting for? Get your POA set up today!

Hedy Ghavidel

HEDY GHAVIDEL Managing Attorney  Roseville Office  1-866-471-6981  info@attorneysre.com Bio...

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