Terms

• The attorney-in-fact is most often a family member and does not have to be an attorney.middle aged couple smiling image by Brett Mulcahy from Fotolia.com
  
  The designate is called the "attorney-in-fact" but she does not have to be an attorney. In California, this person can also be called a "conservator" or "guardian." California probate law allows the DPA to be durable until the DPA is canceled or the principal dies.
  
  

Types

• Hospitals encourage patients to have a medical DPA when undergoing even minor or routine medical procedures.Doctor image by Monika 3 Steps Ahead from Fotolia.com
  
  DPAs can designate authority for medical decisions, property or business management decisions or both. Any specific limits on the authority of the attorney-in-fact must be included as any recourse or remedy for unspecified actions could be difficult.
  
  

Purpose

• In California, DPAs allow the families of incapacitated persons to make important decisions without going through probate court.California flag image by palmer530 from Fotolia.com
  
  The DPA allows the principal and his family to avoid California probate court proceedings regarding conservatorship or guardianship. Probate court proceedings are matters of public record, which means personal issues and disputes between family members cannot be kept private.
  
  

Spousal Authority

• A wife cannot sell any property she jointly owns with her husband without his signature unless she has a DPA.Old couple image by cegli from Fotolia.com
  
  In California, a spouse does not have the legal authority to sell jointly owned property without a DPA.