DoNotPay Breaks Down the California Statutory Power of Attorney
California statutory power of attorney (POA) laws can be difficult to grasp at first, but DoNotPay will help you understand them in no time!
Our article will also explain the different types of POA and show you how to draft a non-statutory POA like a pro!
A California statutory power of attorney is a form issued by the State of CA that authorizes a person (the agent) to handle financial matters and make decisions in another person’s (the principal’s) name. This document is effective immediately and is considered durable unless stated otherwise. A durable power of attorney remains in effect even after the incapacitation of the principal.
A statutory power of attorney differs from a regular POA document in that it’s created by law.
In case the principal wants to change the type of power of attorney, they can choose one of the following:
With a limited power of attorney, the principal grants the agent defined and limited powers over specific tasks. They can also give powers to the attorney-in-fact for a specified amount of time.
A springing power of attorney comes into effect when one or more physicians confirm that the principal is mentally or physically incapacitated. An attorney-in-fact may also be authorized to determine the incapacitation of the principal, but that’s only the case if the POA document stipulates it.
The statutory power of attorney form in California contains the following sections:
|Names||Once the principal chooses a person they’ll appoint as their agent, they need to enter the names and the addresses of all parties|
|Powers||This section includes all the powers that are transferred to the agent. The principal needs to choose which ones they want to assign to their attorney-in-fact|
|Special instructions||In the special instructions section of the statutory POA form, the principal needs to state whether they want the POA to be limited or springing|
|Substitory agents||If the principal wants to have more than one person as their agent, they can state so in this section|
|Notary acknowledgment||Once the principal fills out the form, they need to sign it with their agent in front of a notary since it’s required by California law. The notary will add legal weight to the POA by:
A California uniform statutory POA authorizes the attorney-in-fact to make decisions in the principal’s stead regarding:
- Real property transactions
- Tangible personal property transactions
- Stock and bonds
- Commodity and option transactions
- Banking and other financial institution transactions
- Business operating transactions
- Insurance and annuity transactions
- Estate, trust, and other beneficiary transactions
- Claims and litigation
- Personal and family maintenance
- Benefits from social security or other governmental programs
- Retirement plan transactions
- Tax matters
If you perform a Google search for a California statutory power of attorney document, several official forms will show up on the first page. It doesn’t matter which one you choose as they’re all drafted under the Uniform Statutory Form Power of Attorney Act Law.
In case you need a non-statutory power of attorney document, sign up for DoNotPay, and we’ll generate a tailor-made POA for you.
Before getting a California statutory POA, check out the frequently asked questions regarding the document, including:
- Does a California statutory POA authorize the agent to make medical decisions?
- Can an attorney-in-fact change a will?
- Can you revoke a California statutory POA?
A California statutory POA doesn’t authorize the agent to make medical or other healthcare decisions for the principal.
The agent named in the California statutory power of attorney cannot change, alter, or revoke the principal’s will.
The principal can revoke or terminate the California statutory POA at any time as long as they’re competent.
Need a California power of attorney letter but don’t know where to get one? DoNotPay can generate one for you in a few easy clicks! Here’s how:
- Sign up for DoNotPay
- Select our Create a Power of Attorney product
- Fill in the necessary details
We’ll generate a professional POA and two notices for you in no time, and then you can sign the document and get it notarized.
Check out DoNotPay’s knowledge base to find more power-of-attorney-related articles, such as:
- Does a power of attorney need to be notarized?
- How to draft a general power of attorney
- Can you have more than one power of attorney?
- What is a real estate power of attorney?
- What powers does a financial power of attorney transfer?
- How to get a bank power of attorney
- Where to file a power of attorney
- What is an irrevocable power of attorney?
- How to give someone power of attorney
- Can you change a power of attorney?
- How to fill out a power of attorney
- Can a power of attorney agent transfer money to themselves?
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