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 Brownsville, CA

What is a Power of Attorney in Brownsville, 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 Brownsville, CA
    Concord Bankruptcy Center
    2801 Concord Blvd
    Concord, CA 94519
    (925) 827-9900
    Bankruptcy Law Attorneys,  Attorneys,  Legal Service Plans,  Bankruptcy Services
    Cavanaugh Diana
    2801 Concord Blvd
    Concord, CA 94519
    (925) 827-9900
    Attorneys,  Bankruptcy Services,  Foreclosure Services,  Business Bankruptcy Law Attorneys,  Bankrup
    Williams Terrence D
    3031 W March Ln
    Stockton, CA 95219
    (209) 948-9751
    Attorneys, Social Security & Disability Law Attorneys
    Mark Thiel
    3439 Brookside Rd
    Stockton, CA 95219
    (209) 951-9600
    Attorneys, Criminal Law Attorneys, Tax Attorneys, Wills, Trusts & Estate Planning Attorneys, General
    Michael & Cammack
    3247 W March Ln Ste 120
    Stockton, CA 95219
    (209) 473-8787
    General Practice Attorneys, Attorneys, Legal Service Plans
    Star Legal Document Processing
    1567 51st St
    Sacramento, CA 95819
    (916) 504-8501
    Paralegals, Legal Document Assistance
    Katherine Beshak
    PO Box 191048
    Sacramento, CA 95819
    (916) 996-8361
    Attorneys
    Shore McKinley Conger & Scott LLP
    3031 W March Ln
    Stockton, CA 95219
    (209) 477-8171
    Attorneys,  Accident & Property Damage Attorneys,  Business Law Attorneys,  Wills, Trusts & Estate
    Atkinson David B
    3620 W Hammer Ln # C
    Stockton, CA 95219
    (209) 951-8143
    General Practice Attorneys, Attorneys, Legal Service Plans
    Sunderraj Vikranth
    90 Great Oaks Blvd # 209
    San Jose, CA 95119
    (408) 229-8000
    General Practice Attorneys, Attorneys
    Elder & Berg Association Of Attorneys
    3107 Clayton Rd
    Concord, CA 94519
    (925) 676-7991
    Attorneys, Employee Benefits & Worker Compensation Attorneys, Social Security & Disability Law Att
    Morris James M.
    3031 W March Ln # 201
    Stockton, CA 95219
    (209) 474-7872
    Attorneys, Legal Service Plans
    Norton Michael R
    7540 Shoreline Dr # J
    Stockton, CA 95219
    (209) 474-7788
    Attorneys, Family Law Attorneys, Divorce Attorneys, Civil Litigation & Trial Law Attorneys, Legal Se
    Attorneys Professional Insurance Services
    3450 Clayton Rd
    Concord, CA 94519
    (925) 969-7728
    General Practice Attorneys, Insurance, Attorneys
    Cameron Law Office
    6401 Elvas Ave
    Sacramento, CA 95819
    (916) 254-7305
    Legal Service Plans, General Practice Attorneys, Attorneys, Guardianship Services, Probate Law Attor
    Chandler Parker
    1349 S Burnside Ave
    Los Angeles, CA 90019
    (323) 902-6889
    Criminal Law Attorneys, Entertainment & Sports Law Attorneys, Civil Litigation & Trial Law Attorneys
    Rita Holder
    3101 Clayton Rd
    Concord, CA 94519
    (925) 825-6795
    Divorce Attorneys, Attorneys, Legal Service Plans, Family Law Attorneys, Legal Clinics, Divorce Assi
    Allen-Garibald, Shari L - Blewett & Allen Inc
    3255 W March Ln
    Stockton, CA 95219
    (209) 466-6735
    Attorneys, Tax Attorneys, Business Law Attorneys, Estate Planning Attorneys
    Garibaldi Shari L
    3255 W March Ln Suite 210
    Stockton, CA 95219
    (209) 466-6735
    Attorneys,  Probate Law Attorneys,  Elder Law Attorneys,  Corporation & Partnership Law Attorneys,  
    Rob L. Uriostegui
    1275 Westchester Pl
    Los Angeles, CA 90019
    (323) 733-6555
    Criminal Law Attorneys, Attorneys, Legal Clinics, Legal Service Plans
    Paralegal Services By Ramirez
    8655 Lake Ashmere Dr # 122
    San Diego, CA 92119
    (619) 713-6537
    Paralegals
    Downey Brands
    3425 Brookside Rd
    Stockton, CA 95219
    (209) 473-6450
    Bankruptcy Law Attorneys, Attorneys, Legal Service Plans
    Rishwain Law Firm
    3031 W March Ln Ste 112S
    Stockton, CA 95219
    (209) 227-6105
    Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Business Law Attorneys,  Personal Injury Law
    The Rishwain Law Firm
    3031 W March Ln
    Stockton, CA 95219
    (209) 227-6105
    Attorneys,  Social Security & Disability Law Attorneys,  Automobile Accident Attorneys,  Accident &
    12Law.com   |  NASHVILLE, TN USA   |  CONTACT US