Complete Legal California Power Of Attorney Forms For Free

It is easy to access and draft an original power of attorney document in California. The California probate code provides a form that aligns with its law. Also, on the California Office of Attorney General website, you can get a typical healthcare PoA form.

No matter where you live, however, the same thing will generally happen if you're incapacitated and don't have a durable power of attorney in place: The probate courts get involved. A probate judge will appoint a conservator to assume the duties that an attorney-in-fact would typically have.

For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.

To make a California POA, you must: Be at least 18 years old. Have mental ?capacity,? meaning you're able to understand the nature and consequences of creating a POA. Sign and date your POA in the presence of a notary public or in front of two competent adult witnesses, who also sign and date your document.

The document must be acknowledged by a notary public or signed by at least 2 adult witnesses. An agent cannot be a witness. "This Power of Attorney shall become effective upon the incapacity of the principal", or similar words that show you want the document to be valid even if you become incapacitated.

You can get a blank Power of Attorney form from: a stationery store or other store that sells pre-printed legal forms. your estate planning lawyer, or. Section 4401 of the Probate Code .