In the course of most people’s lives, there may come a point when, either temporarily or permanently, it is not possible for the individual to make competent decisions regarding his or her finances or health care. In California, it is possible for you, while still able, alert and competent, to chart the course of these vital decisions for those times when you are not. This is done through the California Advance Health Care Directive and via a document called the California Financial Power of Attorney.
There a 7 main California power of attorney forms; Durable, General, Guardianship, Limited, Motor Vehicle (DMV), Medical, Tax. The most common form is the durable (for financial use) and the medical allow for a person to handle any monetary or medical decisions on your behalf in the chance you may not be able to speak or handle them yourself. Any and all laws may be viewed by reading the California Probate Code.
Adobe PDF Version Microsoft Word Durable power of attorney in California allows a person to authorize someone else to handle all monetary decisions on his or her behalf. Both Principal and Agent must complete the form and authorize in front of a public notary or at least two (2) witnesses not related to the principal or agent for the document to be legal. See Laws…
The general version is exactly the same as the durable whereas the agent is able to act in the presence for the principal for any type of financial act. The only difference being this document becomes VOID if the person being represented becomes in a incapacitated state of mind. This is most commonly due to dementia (including alzheimer’s) or any other mental state that disturbs…
Choose a relative to take care of your minor child and make any and all medical and educational decisions on your behalf. The form may only be for a fixed period of time and when the end period arrives the child must go back to the custody of the parent or a new power of attorney document must be made. See Laws – 1500-1502
Otherwise known as ‘Specific’ power of attorney, California limited power of attorney lets you choose anyone you would like to take care of a specific financial matter on your behalf. The matter can be as small as picking up a car to as big as selling a home to your benefit. Most of the time when the representation is complete the form becomes void or…
Most commonly used to represent another’s health care decisions in situation where a person may not be able to represent themselves. The Principal must be in a clear mental state before selecting their agent. This document is very common before risky surgery or for elderly family members. See Health Care Surrogate Fact Sheet The California Advance Health Care Directive is composed of two parts: the Living…
The California power of attorney for tax purposes (Form 3520) is used to allow someone else (mostly accountants) to handle another’s filing only with the State. For all federal filings you will need the IRS 2848. The individual being represented is still responsible for any inaccuracies and is held accountable despite the representative’s efforts.
Also known as the DMV Form REG-260, permits an owner of a vehicle or vessel located in California to choose an agent to handle a transfer of ownership. The document does not need to be witnessed or notarized to be legally enforceable. Once signed and completed, the agent selected has the full rights to act in the best interests in selling the described boat or…
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