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 Hayward, CA

What is a Power of Attorney in Hayward, 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 Hayward, CA
    Ungo Security Corp
    26427 Research Pl
    Hayward, CA 94545
    (310) 327-9100
    Immigration Law Attorneys
    Goodman Louis J
    1290 B St
    Hayward, CA 94541
    (510) 582-9090
    Criminal Law Attorneys,  Domestic Violence Attorneys,  Drug Charges Attorneys,  DUI & DWI Attorneys,
    Denise Eaton May
    1290 B St
    Hayward, CA 94541
    (510) 276-9056
    Labor & Employment Law Attorneys, Attorneys
    Billingsley David
    24301 Southland Dr Ste 505
    Hayward, CA 94545
    (510) 785-8400
    Attorneys
    Bonjour Thorman Baray & Billingsley
    24301 Southland Dr Ste. 312
    Hayward, CA 94545
    (510) 785-8400
    Attorneys,  Personal Injury Law Attorneys,  Accident & Property Damage Attorneys,  Criminal Law Atto
    French, Pete
    1380 A St
    Hayward, CA 94541
    (510) 889-8248
    Attorneys,  Personal Injury Law Attorneys,  Litigation & Tort Attorneys,  Criminal Law Attorneys,  G
    Aladdin Bail Bonds
    812 3rd St Suite A
    Hayward, CA 94541
    (877) 765-7888
    Bail Bonds, Criminal Law Attorneys, Bail Bond Referral Service, DUI & DWI Attorneys
    Aladdin Bail Bonds
    225 W Winton Ave Ste.101
    Hayward, CA 94544
    (877) 765-7888
    Bail Bonds, Criminal Law Attorneys, Bail Bond Referral Service, DUI & DWI Attorneys
    Vasquez Services
    1372 A St
    Hayward, CA 94541
    (510) 889-7860
    Paralegals
    Garcia, Schnayerson & Thompson
    225 W Winton Ave Suite 208
    Hayward, CA 94544
    (510) 887-7445
    Attorneys,  Drug Charges Attorneys,  Criminal Law Attorneys,  Juvenile Law Attorneys,  DUI & DWI Att
    MacKenzie & Associates Law Offices
    22320 Foothill Blvd Suite 460
    Hayward, CA 94541
    (510) 537-7200
    Attorneys,  Child Custody Attorneys,  Divorce Assistance,  Family Law Attorneys,  Divorce Attorneys
    Remer Frederick
    1260 B St Suite 220
    Hayward, CA 94541
    (510) 887-6880
    Attorneys, Criminal Law Attorneys
    Affordable Document Preparation Services
    24301 Southland Dr
    Hayward, CA 94545
    (510) 782-6811
    Legal Clinics,  Paralegals,  Divorce Assistance,  Legal Document Assistance,  Child Custody Attorney
    Eden Shores
    501 W Tennyson Rd
    Hayward, CA 94544
    (510) 786-6422
    Immigration Law Attorneys, Immigration & Naturalization Consultants, Attorneys
    Lyons Robert W
    295 W Winton Ave
    Hayward, CA 94544
    (510) 782-6161
    Attorneys,  Criminal Law Attorneys,  Drug Charges Attorneys,  Sex Offense Attorneys,  DUI & DWI Atto
    Furtado, Robert A
    22712 Foothill Blvd
    Hayward, CA 94541
    (510) 733-6050
    Attorneys,  Employee Benefits & Worker Compensation Attorneys,  Workers Compensation Assistance,  Em
    Ashwani K Bhakhri Law Offices
    21272 Mission Blvd
    Hayward, CA 94541
    (510) 583-5757
    General Practice Attorneys, Attorneys, Legal Service Plans
    GJEL Accident Attorneys
    1728 B St
    Hayward, CA 94541
    (510) 886-5440
    Accident & Property Damage Attorneys,  Attorneys,  Legal Service Plans,  Wrongful Death Attorneys,  
    Judicial Self Help Center
    98 W Jackson St # 203
    Hayward, CA 94544
    (510) 264-5300
    Divorce Assistance, Attorneys, Family Law Attorneys, Estate Planning, Probate, & Living Trusts
    Billups Darryl J
    1290 B St Ste 307
    Hayward, CA 94541
    (510) 881-5212
    Attorneys, DUI & DWI Attorneys, Criminal Law Attorneys
    Thornton & Thornton
    1374 A St
    Hayward, CA 94541
    (510) 538-5165
    Social Security & Disability Law Attorneys, Attorneys, Legal Service Plans, Labor & Employment Law A
    Clancy D Timothy
    1290 B St # 307
    Hayward, CA 94541
    (510) 581-5007
    Attorneys Referral & Information Service, Attorneys, Legal Service Plans
    Varni Fraser Hartwell & Rodgers
    650 A St
    Hayward, CA 94541
    (510) 886-5000
    Real Estate Attorneys, Attorneys, Legal Service Plans
    Tridente, Frank
    24072 Myrtle St
    Hayward, CA 94541
    (510) 581-5000
    Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law Attorneys,  Criminal Law Atto
    12Law.com   |  NASHVILLE, TN USA   |  CONTACT US