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 Palm Desert, CA

What is a Power of Attorney in Palm Desert, 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 Palm Desert, CA
    Hans P Fleischner Law Offices
    74075 El Paseo # A11
    Palm Desert, CA 92260
    (760) 779-9777
    Legal Service Plans, Real Estate Attorneys, Attorneys, General Practice Attorneys
    Grossman David M
    72960 Fred Waring Dr # 16
    Palm Desert, CA 92260
    (760) 837-9766
    Attorneys, Probate Law Attorneys, Wills, Trusts & Estate Planning Attorneys, General Practice Attorn
    Bruce Fagel Law Corp
    74930 Country Club Dr
    Palm Desert, CA 92260
    (760) 320-9446
    Personal Injury Law Attorneys, Insurance Attorneys, Attorneys
    Swajian Gregory A
    74090 El Paseo # 200
    Palm Desert, CA 92260
    (760) 341-9322
    Attorneys, Labor & Employment Law Attorneys, Corporation & Partnership Law Attorneys, Real Estate At
    B Palmer Riedel Law Office Inc
    74333 Highway 111 # 105
    Palm Desert, CA 92260
    (760) 341-9200
    Insurance Attorneys,  Attorneys,  Business Law Attorneys,  Personal Injury Law Attorneys
    Lewis Brian M
    44700 Village Ct # 100
    Palm Desert, CA 92260
    (760) 568-9200
    General Practice Attorneys, Attorneys, Legal Service Plans
    Krupp Gerald
    35381 Flute Ave
    Palm Desert, CA 92211
    (760) 345-9005
    Attorneys, Corporation & Partnership Law Attorneys, Business Law Attorneys, General Practice Attorne
    N K Mediation
    74090 El Paseo
    Palm Desert, CA 92260
    (760) 346-8900
    Mediation Services, Attorneys, Legal Service Plans
    Jenny L Doling Law Office
    36915 Cook St # 101
    Palm Desert, CA 92211
    (760) 341-8837
    Attorneys,  General Practice Attorneys,  Bankruptcy Law Attorneys,  Criminal Law Attorneys,  Bankrup
    Terrance Wong & Assoc
    350 Augusta Dr
    Palm Desert, CA 92211
    (760) 779-8700
    Immigration Law Attorneys
    Lax Martin
    42580 Caroline Ct # A
    Palm Desert, CA 92211
    (760) 346-8583
    Corporation & Partnership Law Attorneys, Attorneys, General Practice Attorneys
    Healey Dennis J
    74075 El Paseo # A5
    Palm Desert, CA 92260
    (760) 341-8366
    Social Security & Disability Law Attorneys, Attorneys, General Practice Attorneys, Legal Service Pla
    Cross Edward H
    72980 Fred Waring Dr # C
    Palm Desert, CA 92260
    (949) 789-7800
    General Practice Attorneys, Attorneys, Legal Service Plans
    Ash, Juliene Lee
    74075 El Paseo Ste C1
    Palm Desert, CA 92260
    (760) 341-7761
    Attorneys,  Family Law Attorneys,  Divorce Attorneys,  General Practice Attorneys,  Business Law Att
    Desert Family Law
    74075 El Paseo # C1
    Palm Desert, CA 92260
    (760) 341-7761
    Divorce Attorneys,  Attorneys,  Family Law Attorneys,  Arbitration Services,  Arbitration & Mediatio
    Joel Bruce Johnson / Mediator
    73061 El Paseo
    Palm Desert, CA 92260
    (760) 346-7660
    Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
    Skay Jacqueline M
    77564A Country Club Dr
    Palm Desert, CA 92211
    (760) 745-7576
    Attorneys
    Robert W Stewart Jr Law Corp
    73350 El Paseo Ste 203
    Palm Desert, CA 92260
    (760) 346-7428
    Attorneys,  Bankruptcy Services,  Bankruptcy Law Attorneys,  Legal Service Plans
    Fiore Racobs & Powers
    74130 Country Club Dr # 102
    Palm Desert, CA 92260
    (760) 776-6511
    Real Estate Attorneys, Attorneys, Legal Service Plans
    Wangler Margaret G
    74130 Country Club Dr # 102
    Palm Desert, CA 92260
    (760) 776-6511
    Real Estate Attorneys, Attorneys, Legal Service Plans
    Holt Martino Carolyn
    74090 El Paseo # 207
    Palm Desert, CA 92260
    (760) 341-6088
    General Practice Attorneys, Attorneys
    Lawrence W. Novack
    3255 El Paseo # 17
    Palm Desert, CA 92260
    (760) 340-5900
    Divorce Attorneys, Family Law Attorneys, Attorneys
    Mcdermott Thomas
    77530 Enfield Ln # H1
    Palm Desert, CA 92211
    (760) 779-5800
    Attorneys Referral & Information Service, Attorneys, Legal Service Plans
    Clark, Walter Clark Walter Legal Group
    74075 El Paseo # A5
    Palm Desert, CA 92260
    (760) 568-5661
    Attorneys,  Labor & Employment Law Attorneys,  Social Security & Disability Law Attorneys,  Personal
    12Law.com   |  NASHVILLE, TN USA   |  CONTACT US