Best power of attorney paralegal services in Irvine and nearby metros
A power of attorney is a legal document that allows a person to make choices in your name. That person is called the agent or attorney-in-fact and you are the principal. There are numerous examples of what a power of attorney can do, such as: a power of attorney can buy or sell your property, hire someone to take care of you, sign contracts on your behalf, pay your bills or deal with your finances.
It is important to understand that there are several types of power of attorneys in Irvine. One type is a durable power of attorney. This is when a power of attorney by which a principal designates another person as attorney-in-fact in writing (Probate Code 4124). Example of a durable power of attorney is a durable healthcare power of attorney. This is a document that gives your chosen agent the ability to make medical decisions for you even if you are in a coma or are suffering some other incapacitation.
Another type is a general power of attorney. When seeking a general power of attorney, the attorney-in-fact can transact any or all business but not healthcare decisions. An example of a general power of attorney is you may give the right to the attorney-in-fact to sign documents for you, pay your bills, and conduct financial transactions on your behalf.
Two other types is the special or limited power of attorney and the springing durable power of attorney. The special or limited power of attorney is used to allow an agent to perform specific tasks. An example of one such act is limited to buying or selling a home or principle of healthcare. In a springing power of attorney, the principal is allowed to appoint one or more person, with a declaration, to determine when the specified event or contingency has occurred. The principal may designate the attorney-in-fact or another person to perform this function, either alone or jointly with other persons (Probate Code 4129). An example would be you can have a child take care of your finances if you become incapacitated and cannot do it yourself.
There are certain requirements in California to form a power of attorney. A power of attorney in California is sufficient if the following are met:
i) the power of attorney contains the date of its execution,
ii) the power of attorney can be signed either
1) by the principal or
2) in the principal’s name by another person over the age of 18 in the principal’s presence and direction,
iii) the power of attorney must either be
1) acknowledge by a notary public or
2) signed by at least two witnesses who satisfy Section 4122.
The witness must be
1) an adult,
2) not the attorney-in-fact,
3) witness the signing the power of attorney must either see the instrument being signed by the principal or the principal’s acknowledgement of the signature or the power of attorney.
Power Of Attorney in Irvine – Our paralegal team will do the job
Need to give someone Power of Attorney to take care of your financial, medical or property matters? Smart LDA can help you with your paperwork today. Don’t wait until it is too late. Get the peace of mind you need to make sure your decisions will be carried out in the future.