Set up a power of attorney in California
A durable power of attorney lets someone you trust manage your finances and legal affairs if you become incapacitated. Setting one up correctly now protects you from a costly court-supervised conservatorship later.
What you'll learn
- The difference between a general, durable, and springing power of attorney
- What your agent can and cannot do under a California DPOA
- How to choose a trustworthy agent and what to tell them
- Why a DPOA is not a substitute for a healthcare directive
Step by step
- Choose the right type. A general power of attorney ends if you become incapacitated - the opposite of what most people want. A durable power of attorney (DPOA) stays in effect even if you lose mental capacity, which is when you need it most. A springing power of attorney only activates upon incapacity but can be harder to use in practice because institutions may require proof.
- Select your agent carefully. Your agent (also called an attorney-in-fact) has broad authority over your finances. Choose someone you trust completely, who is financially responsible, and who lives close enough to act quickly. Name a backup agent in case your first choice cannot serve.
- Define the scope. California law lets you customize what your agent can do. Most estate planning DPOAs include authority to manage bank accounts, pay bills, file taxes, manage real estate, and handle legal matters. Your attorney can add or exclude specific powers based on your situation.
- Sign it correctly. California requires the document to be signed in front of a notary public or two adult witnesses. The witnesses cannot be the named agent, a healthcare provider, or an employee of a healthcare facility if it involves healthcare decisions. Keep the original in a secure place and give copies to your agent, your bank, and your attorney.
A durable power of attorney covers finances. For healthcare decisions, you need a separate advance health care directive. Most estate plans include both.
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