Springing Power Of Attorney Form For California

State:
Multi-State
Control #:
US-03394BG
Format:
Word; 
Rich Text
Instant download

Description

Not for use in Florida or other States that have excluded it from their laws. Instead use one of the State Specific forms.



A power of attorney is an instrument containing an authorization for one to act as the agent of the principal that terminates at some point in the future either by its terms or by operation of law such as death of the principal or agent. The person appointed is usually called an Attorney-in-Fact. In most cases, a power of attorney takes effect when signed. This may be troublesome for someone who wishes to provide for the management of his or her financial affairs in the event of a future disability but does not want to grant broad powers to a person who could act immediately. The solution is the springing power of attorney. The springing power of attorney becomes effective only at some specified future time or upon the occurrence of a specified event, such as incapacity. Thus the authority of the attorney-in-fact cannot be exercised until there is a need. Most, but not all, states allow a springing power of attorney.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Springing Power Of Attorney For Financial Decision Making?

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FAQ

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.

Here are the basic steps to make your California power of attorney: Decide which type of power of attorney you want. ... Decide who you want to be your agent. ... Decide what authority you want to give your agent. ... Get a power of attorney form. ... Complete the form, sign it, and have it notarized or witnessed.

Current through the 2023 Legislative Session. "Springing power of attorney" means a power of attorney that by its terms becomes effective at a specified future time or on the occurrence of a specified future event or contingency, including, but not limited to, the subsequent incapacity of the principal.

California Springing Power of Attorney Form The privileges you give in a springing POA document become valid only when the principal becomes incapacitated or medically disabled. This POA paper doesn't allow your selected agent to make any health care or medical decisions on your behalf.

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.

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Springing Power Of Attorney Form For California