Durable General Power of Attorney in California
- In California, the durable general power of attorney is a legal document designed to protect the interests of a person, known as the principal, who has given another person (known as the attorney-in-fact) power to act on the principal's behalf.
- A durable general power of attorney becomes effective when the document becomes fully executed, unless a specific date is provided by the principal. A power of attorney protects during the principal's lifetime and has no effect on how his property passes upon his death.
- Powers granted in a power of attorneytouch the power image by Daniel Wiedemann from Fotolia.com
The activities or powers granted in a durable general power of attorney include the power to sell, mortgage or rent property; manage the finances of the principal, and performing any act that the principal could do independently. An attorney-in-fact cannot execute a living will or last will and testament on behalf of the principal. - California allows different types of layouts for a durable general power of attorney. Some forms give the attorney-in-fact the permission to do almost anything that the principal could do, while other durable general forms list specific powers granted to the attorney-in-fact.
- The state of California requires that a competent principal sign the documents and his/her signature witnessed by two uninvolved witnesses and notarized by a California notary public. According to the website of lawyer Jan Morrison, the attorney-in-fact must also sign the power of attorney, thereby agreeing to the terms of the power of attorney.
Definition
Time to Take Effect
Powers Provided
Types of Durable General Powers of Attorney
Properly Executed
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