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An attorney-in-fact is someone who is designated to act on behalf of another person, whether in business, financial, or personal matters. An attorney-in-fact is designated through the granting of power of attorney, usually by the person who will be represented.
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 .
In California, you must use a specific power of attorney form as dictated by the state code. You can find financial POAs in California Probate Code Section 4401, called a Uniform Statutory Form Power of Attorney. This is used to create general or limited POAs.
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.
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.