Understanding Power of Attorney: Why It Matters and How to Get One

A Power of Attorney (POA) is a legal document that allows someone else to make decisions on your behalf. Whether it’s for financial matters, healthcare decisions, or a specific legal task, a POA ensures that your affairs are handled according to your wishes if you’re unable to manage them yourself.

At Opsequium Legal Support Solutions, we assist with preparing and properly executing POA documents in compliance with California law. Here’s what you need to know about Power of Attorney and how to get one.

What Is a Power of Attorney?

A Power of Attorney is a legal authorization that gives another person (called an agent or attorney-in-fact) the ability to act on your behalf. The person granting the authority is called the principal.

There are different types of POAs, each serving a specific purpose:

• General Power of Attorney – Grants broad authority over financial and legal decisions but becomes invalid if the principal becomes incapacitated.

• Durable Power of Attorney – Stays in effect even if the principal becomes incapacitated.

• Limited (Special) Power of Attorney – Grants authority for specific tasks, such as selling a house or managing a business deal.

• Medical Power of Attorney – Also known as an Advance Healthcare Directive, this allows someone to make medical decisions on your behalf if you’re unable to do so.

• Springing Power of Attorney – Only takes effect under certain conditions, such as if a doctor declares you incapacitated.

Why Is a Power of Attorney Important?

Without a Power of Attorney, your loved ones may need to go through a lengthy and costly court process to gain the legal authority to handle your affairs if you become incapacitated. A POA helps:

• Ensure trusted individuals can make decisions on your behalf.

• Prevent legal and financial complications.

• Give peace of mind that your affairs are in order.

How to Get a Power of Attorney in California

1. Choose an Agent

• Select someone you trust to handle your affairs responsibly. This could be a spouse, adult child, relative, or close friend.

2. Decide the Type of POA You Need

• Consider whether you need a general, durable, limited, or medical POA based on your situation.

3. Complete the Correct Power of Attorney Form

• California has specific forms for different POAs. The California Statutory Power of Attorney Form (Probate Code Section 4401) is commonly used for financial POAs.

4. Sign and Notarize the Document

• A financial Power of Attorney must be notarized to be legally valid.

• A medical Power of Attorney requires two witnesses or notarization.

5. Provide Copies to Relevant Parties

• Give copies to your agent, financial institutions, healthcare providers, or any institution that may need to recognize the POA.

6. Store the Original in a Safe Place

• Keep the signed and notarized POA in a secure but accessible location. Let your agent know where to find it.

When Does a Power of Attorney End?

A Power of Attorney can be revoked or automatically terminated if:

• The principal revokes it in writing.

• The principal becomes incapacitated (unless it’s a durable POA).

• The principal passes away.

• A court invalidates the document.

Need Help Drafting a Power of Attorney?

At Opsequium Legal Support Solutions, we assist with preparing Power of Attorney documents in compliance with California law. We ensure your paperwork is completed accurately so that your wishes are properly documented and legally recognized.

For assistance with your Power of Attorney, contact us today.

This article is for informational purposes only and does not provide legal advice. Consult a qualified attorney for specific legal concerns.