California Power Of Attorney Information
- Date: 2010-10-01 - Word Count: 314
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In California any adult person who has the ability to enter into an agreement can complete and sign a California power of attorney form. The person who is granting authority to another person to act on his/her behalf and signs the power of attorney form is called the "Principal". The person who is granted authority to act on behalf of the principal with a third party is called the "Attorney-in-fact" or "Agent". A California power of attorney form is required to include: the date it was signed; is signed by the principal; and his/her signature is verified and notarized by a notary public and two witnesses. If the power of attorney form is signed by two witnesses, they are required to be adults and cannot be the person named as the attorney-in-fact in the power of attorney form.
A California power of attorney can be durable or nondurable. A durable power of attorney allows the attorney-in-fact to continue to act on behalf of the principal even if the principal is no longer able to manage his or her affairs due to a physical or mental disability.
If the power of attorney form does not include a date when the attorney-in-fact's authority ends, the attorney-in-fact can continue to act on behalf of the principal until the power of attorney form is revoked (cancelled). In California the principal can give notice verbally or in writing to his/her attorney-in-fact that the attorney-in-fact's authority is revoked. If the attorney-in-fact is the spouse of the principal and their marriage is dissolved or annulled, the authority of the spouse as attorney-in-fact is revoked by California law. If the attorney-in-fact is acting under a nondurable power of attorney and the principal is no longer able to manage his or her affairs due to a physical or mental disability, the attorney-in-fact's authority is revoked by California law due to the principal's inability to contract.
A California power of attorney can be durable or nondurable. A durable power of attorney allows the attorney-in-fact to continue to act on behalf of the principal even if the principal is no longer able to manage his or her affairs due to a physical or mental disability.
If the power of attorney form does not include a date when the attorney-in-fact's authority ends, the attorney-in-fact can continue to act on behalf of the principal until the power of attorney form is revoked (cancelled). In California the principal can give notice verbally or in writing to his/her attorney-in-fact that the attorney-in-fact's authority is revoked. If the attorney-in-fact is the spouse of the principal and their marriage is dissolved or annulled, the authority of the spouse as attorney-in-fact is revoked by California law. If the attorney-in-fact is acting under a nondurable power of attorney and the principal is no longer able to manage his or her affairs due to a physical or mental disability, the attorney-in-fact's authority is revoked by California law due to the principal's inability to contract.
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