Make a Power of Attorney in California: California Power of Attorney
What is a California Power of Attorney?
A California Power of Attorney (PoA) is a legal document that grants a selected individual permission to handle legal matters on your behalf, such as selling your property, accessing bank accounts, and signing contracts.
The person granting control is called the "principal," and the person or entity gaining powers is called the "agent" or "attorney-in-fact." Suited for residents of California, our Power of Attorney can be used in Orange County, Los Angeles County, San Diego County, and in all other counties and municipalities in the state. All California PoA forms from Rocket Lawyer can be completely customized for your particular circumstances. This legal document will provide verification to financial institutions and other parties that your selected representative can act in your interest when you are not present or able.
When to use a California Power of Attorney:
- You wish to give someone broad authorization to act for you if you are absent or incapable.
- You wish to give someone power to handle certain financial or legal issues in your absence or if you become ill.
- You wish to authorize someone to act on your behalf if case you become legally incompetent or incapacitated.
How do I get my California Power of Attorney reviewed?
If you already have a California Power of Attorney and want to have it reviewed, or if you have questions about creating or using one, there are a few ways to get help.
Use Rocket Copilot to ask questions or review your document; this helps you better understand what it says and identify anything that may need a closer look.
If you are looking for help from a Legal Pro, you can also ask a question and receive a response within one business day, or request a more in-depth document review.
Sample California Power of Attorney
The terms in your document will update based on the information you provide
This document has been customized over 353.5K times
Legally binding and enforceable
Consult a Legal Pro to ask questions or review your document
I, , residing at , , , hereby appoint Each Agent may act independently, without the consent of the other Agent. The Agents must act jointly, with the consent of the other Agent.
or if we become legally separated or divorced, If either Agent is unable to serve for any reason, the other Agent shall serve alone. If either Agent is unable to serve for any reason, I appoint , of , , , as a Successor Co-Agent to serve jointly with the remaining Agent, with the same powers and discretions. If either Agent is unable to serve for any reason or if we become legally separated or divorced, I appoint , of , , as my Successor Agent to serve alone. If both Agents are unable to serve (either together or independently) I appoint , , , to act as my Alternate Successor Agent to serve alone.
My Agent shall have full power and authority to act on my behalf. This power and authority shall authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights and powers, including all rights and powers that I may acquire in the future. My Agent's powers shall include, but not be limited to, the power to:
| - | Create, amend, revoke, or terminate an inter vivos trust |
| - | Make a gift subject to the limitations under federal law and any Special Instructions under this Power of Attorney |
| - | Create or change rights of survivorship |
| - | Create or change a beneficiary designation |
| - | Authorize another person to exercise the authority granted under this power of attorney |
| - | Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan |
| - | Access the content of electronic communications |
| - | Exercise fiduciary powers that the principal has authority to delegate |
| - | Disclaim or refuse an interest in property, including a power of appointment |
This Power of Attorney shall be construed broadly as a General Power of Attorney. The listing of specific powers is not intended to limit or restrict the general powers granted in this Power of Attorney in any manner.
Any power or authority granted to my Agent under this document shall be limited to the extent necessary to prevent this Power of Attorney from causing, (i) my income to be taxable to my Agent, (ii) my assets to be subject to a general power of appointment by my Agent, or (iii) my Agent to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Agent.
LIMITATION ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant SHALL NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.
My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney. A Successor Agent shall not be liable for acts of a prior Agent.
My Agent shall provide an accounting for all funds handled and all acts performed as my Agent as required under state law or upon my request or the request of any authorized personal representative, fiduciary or court of record acting on my behalf.
This Power of Attorney is granted in, and shall be governed by the laws of the state of California; however, I intend that this Power of Attorney be universally recognized and that it be universally admissible to recordation. In the event that I become a resident of another jurisdiction, or obtain property, including real property or any other property interest, in another jurisdiction, it remains my intention that the laws of California shall continue to govern this Power of Attorney.
This Power of Attorney shall become effective immediately. on . upon written certification by my physician that I am incapacitated or mentally incapable of managing my financial affairs, and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. immediately, and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. on , and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. This Power of Attorney shall continue effective until or until I lack sufficient mental competence to understand and handle my financial and personal affairs or until I lack sufficient mental competence to understand and handle my financial and personal affairs. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent.
Dated ____________________, ______, at , .
__________________________________
A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
General Special Durable
A notary public
Two witnesses
California Power of Attorney FAQs
-
How do I get power of attorney in California?
It's quick and easy to assign or receive the support you need using a free California Power of Attorney template from Rocket Lawyer:
- Make your document - Provide a few general details and we will do the rest
- Send or share - Discuss the document with your agent or get legal advice
- Sign it - Required or not, notarization and witnesses are encouraged
This method is, in many cases, notably less expensive than working with a traditional provider. If needed, you can fill out a PoA on behalf of a family member, and then have that person sign when ready. Please remember that for a PoA form to be valid, the principal must be an adult who is mentally competent at the time of signing. If the principal is already unable to make their own decisions, a court-appointed conservatorship might be required. When dealing with this situation, it's important to Consult an Legal Pro.
-
Why should I have a California PoA?
Every adult ought to have a Power of Attorney. Although it is tough to acknowledge, there will likely come a day when you are no longer able to handle your day-to-day affairs on your own. There will also be moments when you're merely out of reach. Here are a few typical occasions where a PoA can be helpful:
- You are getting older or have declining health or limited mobility
- You are living abroad or out of state
- You wish to grant a trusted person general authority to take legal actions on your behalf in the event that you are legally incapacitated or absent
- You currently live in a residential care facility and need help managing your finances
Whether this California Power of Attorney has been generated as part of a forward-looking plan or created as a result of an unexpected issue, notarization and/or witnesses are highly encouraged as a best practice for protecting your agent if a third party questions their privileges and authority.
-
Which type of Power of Attorney do I need in California?
There are multiple ways to categorize Power of Attorney documents. They are primarily based on when the powers come into effect, how long they will remain in effect, and what they will provide authority over. Often, you may see them separated into the four groups below:
- Durable Power of Attorney - Will remain valid even if you become mentally incompetent or incapacitated
- Springing Power of Attorney - Will come into effect based on certain guidelines
- General Power of Attorney - Will grant a broad scope of authority over your affairs
- Special Power of Attorney - Will grant limited authority over specified matters
When generating your free California Power of Attorney with Rocket Lawyer, you may opt to have the power begin on a desired date, immediately, or only when you are no longer capable. The Power of Attorney may end on a particular date or upon your death.
-
Do I need to work with an attorney for my California PoA?
It’s a good idea to have important documents like your California Power of Attorney reviewed before signing, so you fully understand your choices and help avoid unintended outcomes. The problem is that some attorneys may not review documents they didn’t prepare, while others may require a retainer or high hourly fees. This can make getting a legal review of your California Power of Attorneydifficult and time-consuming.
Rocket Lawyer makes the process easier. With Rocket Lawyer, you can request a review from a Legal Pro or ask questions about your document. You can also use Rocket Copilot to review your document, identify potential issues, and check that everything is complete before signing.
-
On average, how much would it typically cost for me to get a Power of Attorney form in California?
Attorney fees for drafting or reviewing a California Power of Attorney can vary widely. Many lawyers charge hourly rates that may range from around $100 for less experienced attorneys to $350 or more per hour for highly experienced attorneys in major metropolitan areas. For more routine documents, some attorneys may offer flat-fee pricing.
The total cost will depend on several factors, including your location, the attorney’s experience, and the complexity of your agreement. More documents or situations involving negotiation will typically require more time and increase the overall cost.
With Rocket Lawyer, you can create a personalized California Power of Attorney tailored to your specific needs—without the high cost typically associated with hiring a lawyer. If you have questions or want additional peace of mind, you can also get your document reviewed or ask a Legal Pro for guidance.
-
Does a Power of Attorney need to be notarized, witnessed, and/or recorded in California?
The specifications governing PoA forms will be different in each state; however, in California, your Power of Attorney will need the signatures of two witnesses or a notary public. If your agent will have the ability to handle real estate transactions, the Power of Attorney must be acknowledged by a notary public and recorded or filed with your county. Finally, as a basic rule, witnesses must be over 18 years old, and none of them should also be acting as your agent.
See California Power of Attorney law: § 4121 - 4130
