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For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.
Barring exceptions, you do not need to file the POA paperwork with the courts. If you want your POA to be responsible for real estate transactions, this is when you would need to file the paperwork with the courts and include a legal description of the property.
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.
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 .
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.