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You can get a blank Power of Attorney form from: a stationery store or other store that sells pre-printed legal forms. your estate planning lawyer, or. Section 4401 of the Probate Code .
You must have the mental capacity to establish a POA, meaning you grasp what it is and the implications of setting one up. The person you choose as your agent must also be 18 or older and have mental capacity. Your power of attorney document must be signed in front of a notary public or by two competent witnesses.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
To make a California POA, you must: Be at least 18 years old. Have mental ?capacity,? meaning you're able to understand the nature and consequences of creating a POA. Sign and date your POA in the presence of a notary public or in front of two competent adult witnesses, who also sign and date your document.
Notary fees are usually less than $50. Should you choose to work with an attorney, one might expect fees in the range of $250 ? $500.
Yes, California law requires that the Durable Power of Attorney must be notarized or signed by at least two witnesses.
Prepare the POA Document: Draft the POA document, clearly outlining the powers given to the agent, when these powers begin, and any limitations. Legal Formalities: In California, your parent must sign the POA document, and their signature must be acknowledged before a notary public.