There are situations when you may need assistance to take care of your legal matters. It may be because you are temporarily incapacitated, permanently incapacitated or not physically present in a location to sign documents and perform legal duties.
In these circumstances people often assign a power of attorney (POA) to another person, known as the agent, so that their needs can be taken care of in their absence. A Power of Attorney in California is a common legal document that is used by thousands of people every day.
What Exactly is a Power of Attorney?
A power of attorney is a legal document that allows a person, known as the principal, to appoint someone to act on their behalf if they become incapacitated. That someone, known as the agent, is expected to work in the interest of the principal.
When seeking to appoint an agent, it is critical to select someone you can trust because that person will have the legal right to act on your behalf.
Things a Power of Attorney Cannot do
It is imperative to understand what a POA can and cannot do. A power of attorney does not cover all legal tasks and responsibilities. There are a few situations that it does not cover, including:
- Changing your will;
- Changing the POA or transferring it to some other person;
- Making a decision on your behalf after your death.
However, there are some exceptions to the above and you should seek the advice of a lawyer or legal assistant for further review.
Different types of Power of Attorney:
- General
This is an all-compassing POA, in which you assign power and right to a certain party, the agent. You can use this type of POA:
- When you are incapacitated, or
- If you don’t have the time, knowledge, or energy to handle all of your financial matters.
This assignment can be for a lifetime or until you are incapacitated. However, you can choose to rescind it before then.
- Durable
This type of power of attorney stays in effect even after you have become incapacitated. Therefore, you should sign a durable POA if:
- You want to give authority to the agent “only” when you are not able to act for yourself;
- You want to give the agent immediate authority, which goes on after you are unable to act for yourself.
- Limited
You should use this type of POA when you need someone to act on your behalf for a limited purpose. This will specify the date/time after which the power will be terminated.
- Springing
This type of POA is effective only when an event specified in the legal documents occurs or when you are incapacitated.
It is important to note that just choosing the right person as an agent is not enough. A person also needs to select the right type of Power of Attorney in California. If you want to start the process go to the courts website of the county you are from. There will be helpful tips on how to prepare your legal documents or where to seek a professional to assist you.