A power of attorney, or POA, allows a person to act on your behalf as your agent, or attorney-in-fact.  A power of attorney is often used as an estate planning tool for when a person becomes incapacitated, but it has other purposes as well.

California Probate Code section 4100 has a do-it-yourself statutory power of attorney called a statutory power-of-attorney.  Many other pre-packaged do-it-yourself forms also exist.  However, a power-of-attorney requires certain formalities to ensure it will properly serve its purpose when needed.  A power of attorney may, or may not, need to be notarized or recorded at the county recorder’s office.  It is best to consult with an attorney to ensure your documents are in order when needed.

Four main types of power of attorney exist:

Limited (Special) Power of Attorney

A limited, or special, power of attorney grants another person the power to act in your stead for a very a limited, or special purpose.  Such a special power ends at a time specified in the document.

A limited power of attorney may grant to another person the right to sign a deed relating to real property on your behalf.  This power may end once the deed is signed.

General Power of Attorney

A general power of attorney is the most comprehensive and can grant to another person all the powers you have yourself except for the power to represent yourself in legal proceedings.  However, a general power need not grant to another every powers you hold yourself.  A general power of attorney ends on your death or incapacitation unless you rescind it before then.

Durable Power of Attorney

A durable power of attorney can be limited in scope or general and remains in effect after you become incapacitated.  A durable power of attorney will remain in effect until your death unless you rescind it while you are not incapacitated.

Springing Durable Power of Attorney

A springing power allows another person, your agent, to act for you only when you become incapacitated, and does not become effective until you are incapacitated.  Once you are no longer incapacitated, your designated agent may no longer act on your behalf.

Have an attorney draft the document specifically for you and make sure the document will serve its purpose when needed.  You may find an attorney, like me, who offers a flat fee for drafting a power-of-attorney.