12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

What is a Power of Attorney in Avalon, CA

What is a Power of Attorney in Avalon, CA


Remember to celebrate milestones as you prepare for the road ahead.
 
- Nelson Mandela


A Power of Attorney (POA) is a written authorization to act or represent on behalf of another in business, legal matters or private affairs.

The person who gives the authority to for the other person to act on his behalf is the donor, grantor or principal. The one who has received the authority is the agent or the attorney-in-fact. Previously, a power refers to an instrument under seal and letter refers to an instrument under hand. Presently, both of these are signed by the grantor and have no more variation.

The term attorney-in-fact refers to the agent authorized by the principal to act on his behalf. The law requires the attorney-in-fact or the agent to be loyal and honest to the principal. It should not be confused with the term attorney-at-law or someone who are licensed to practice law in his jurisdiction.

Capacity of a Grantor

A principal or grantor can make a power of attorney only if he or she has the essential mental capacity. If the grantor happens to lose his or her capacity to grant permission due to injury, sickness, or mental capacity, the power of attorney is not valid. A durable power of attorney, on the other hand, refers to the situation where the grantor states in the power of attorney that it will still be in effect even if the grantor is incapacitated. If no power of attorney has been created by the grantor, another party can act on their behalf by asking the court to impose a conservatorship or guardianship.


Oral and Written Power of Attorney

Power of Attorney may be oral or written depending on the jurisdiction. If witness will hold up in court, then the power of attorney is the same as written. The law usually requires power of attorney be in writing depending on its purpose. The International Revenue Service, hospitals, banks, even nursing homes requires power of attorneys to be in written form before they will honor it.

Execution

Power of attorney is considered a legal document if it is signed and dated at a minimum by the grantor. However, if the document is challenged by a third party, this would not be sufficiently legal. A document that is reviewed and signed or stamped by a notary public can withstand such challenge. In some states, a power of attorney is considered valid if signed by the principal, agent and two other witnesses or a notary public.


Types of Power of Attorney

  • Durable power of attorney. The power of attorney is still effective even if the principal later becomes incapacitated. This is also known as power of attorney with durable provisions or enduring power of attorney.
  • Health care power of attorney. This document provides the attorney-in-fact the power to make health-care decisions for the grantor that may include terminating care or life support. This is also known as "health care proxy".
  • Springing power of attorney. This is document that can only take effect if the grantor is incapacitated. After the incapacitation, the power is identical to durable power of attorney. This is the power that can allow a spouse to manage the affairs of grantor in cases like injury or illness and the grantor can no longer act.

  •  
    Personalize & Print a Free CA Power of Attorney Create This Document
    Page 1
    Page 2
    Page 3
    Page 4
    Page 5
    Related Legal Services near Avalon, CA
    Walters And Moshrefi PC
    5424 N Palm Ave
    Fresno, CA 93704
    (559) 439-9999
    Criminal Law Attorneys,  Divorce Attorneys,  Estate Planning, Probate, & Living Trusts,  Personal
    Jonathan M. Rutledge
    225 Bush St Suite 1600
    San Francisco, CA 94104
    (888) 441-9973
    Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys
    Nick Davaei
    4000 Barranca Pkwy
    Irvine, CA 92604
    (714) 417-9955
    Immigration Law Attorneys
    Sarmiento Juliette Topacio
    2039 Shattuck Ave # 204
    Berkeley, CA 94704
    (510) 548-9944
    Attorneys, General Practice Attorneys
    Steinhauer Eric
    1919 Addison St
    Berkeley, CA 94704
    (510) 843-9944
    General Practice Attorneys, Attorneys
    Thai Duy
    351 California St # 550
    San Francisco, CA 94104
    (415) 296-9927
    Attorneys, Legal Service Plans
    Gray Law Firm
    235 Montgomery St # 930
    San Francisco, CA 94104
    (415) 262-9926
    Insurance Attorneys, Attorneys, Legal Service Plans
    Herman D Papa
    354 Pine St # 3
    San Francisco, CA 94104
    (415) 399-9922
    Attorneys, Legal Service Plans
    Moss Tucker Chiu Hebesha
    5260 N Palm Ave
    Fresno, CA 93704
    (559) 472-9922
    Corporation & Partnership Law Attorneys, Attorneys, Legal Service Plans
    Jensen Chas Atty
    1622 4th St
    Santa Rosa, CA 95404
    (707) 527-9911
    General Practice Attorneys, Attorneys
    Capron John R
    400 Montgomery St
    San Francisco, CA 94104
    (415) 693-9901
    Attorneys, General Practice Attorneys
    Litigation-Tech
    44 Montgomery St
    San Francisco, CA 94104
    (415) 291-9900
    Attorneys Support & Service Bureaus, Attorneys, General Practice Attorneys
    Overett Group
    5150 Pacific Coast Highway
    Long Beach, CA 90804
    (562) 986-9864
    Accident & Property Damage Attorneys, Personal Injury Law Attorneys, Attorneys
    Mayra's Wedding Chapel
    407 N Normandie Ave
    Los Angeles, CA 90004
    (323) 663-9814
    Notaries Public,  Attorneys Referral & Information Service,  Wedding Chapels & Ceremonies,  Wedding
    Aspelin John
    220 Montgomery St # 1009
    San Francisco, CA 94104
    (415) 296-9812
    General Practice Attorneys, Attorneys, Legal Service Plans
    Tobriner Michael C Atty
    115 Sansome St
    San Francisco, CA 94104
    (415) 981-9801
    General Practice Attorneys, Attorneys
    HAQ LAW FIRM
    6600 Jurupa Ave
    Riverside, CA 92504
    (909) 234-9789
    Family Law Attorneys, Divorce Attorneys, Civil Litigation & Trial Law Attorneys, Domestic Violence A
    Rogers Richard
    100 Bush St # 1980
    San Francisco, CA 94104
    (415) 981-9788
    General Practice Attorneys, Attorneys
    Dann Emery & Karen
    1120 Carr Ave
    Santa Rosa, CA 95404
    (707) 527-9711
    Family Law Attorneys
    Divorce & Family Law
    5412 N Palm Ave
    Fresno, CA 93704
    (559) 431-9710
    Family Law Attorneys, Attorneys, Legal Service Plans
    Bromberg Dennis
    5740 N Palm Ave
    Fresno, CA 93704
    (559) 439-9700
    Attorneys, Social Security & Disability Law Attorneys
    Bromberg Dennis A Professional Law Corporation
    5740 N Palm Ave
    Fresno, CA 93704
    (559) 439-9700
    Attorneys, Social Security & Disability Law Attorneys
    Friedman Bruce K
    425 California St
    San Francisco, CA 94104
    (415) 395-9700
    Attorneys, Estate Planning Attorneys, Legal Service Plans, General Practice Attorneys
    Weinberger Mark
    613 4th St Suite 201
    Santa Rosa, CA 95404
    (707) 546-9700
    Attorneys, Employee Benefits & Worker Compensation Attorneys
    12Law.com   |  NASHVILLE, TN USA   |  CONTACT US