What is a California Power of Attorney? (DPOA)
A California power of attorney form is used to give someone the right to make important choices for you and your estate in the case that you are incapacitated and cannot make those choices for yourself.
There are two general circumstances where POA forms are the most common: financial and medical.
Most people are more familiar with the medical power of attorney. This is when you designate someone to make important medical decisions on your behalf should you be unable to make them for yourself.
Someone who has financial powers of attorney, on the other hand, will make decisions about how your estate should be managed if you are incapacitated. They can make decisions about when to buy or sell property, how to invest your finances, and even sign checks and pay bills on your behalf.
Since a California power of attorney form allows your agent to act on your behalf even when you are incapacitated, it’s important to choose someone you trust and someone who knows how you would like your finances managed in an emergency.
California POA vs. General POA
There are several varieties of power of attorney documents, and you need to know which variety you are using and why.
A general POA only grants rights while you are competent and are not considered incapacitated, but a DPOA document allows the person you designate to make decisions even after you cannot do it yourself.
A California power of attorney expires when you die, as well as in a few other circumstances. For instance, if your spouse is granted California POA and you later divorce, their DPOA will not be considered valid in most cases. However, you can renew the DPOA after the divorce if you still want your ex to act as your attorney-in-fact
Who Needs a California Financial Power of Attorney?
Once you are an adult, it’s important to make sure that you have someone designated who can help manage your medical and financial concerns. By default, if you do not have anyone designated with a California power of attorney, your closest relatives will make financial choices for you.
However, your family is not likely to know what you would want if you haven’t discussed the possibility of this situation before. Many people also do not want their closest relatives making choices for them.
The only way to prevent a family member who either doesn’t know or doesn’t respect your values and wishes from making important financial and medical decisions is to give someone else DPOA.
POA forms can also be used to make difficult situations, like Alzheimer’s disease, easier to manage. A DPOA combined with advance directives gives you a lot more control over your care in case you become incapacitated.
While a DPOA is still most common in cases of eldercare and preparing for end-of-life decisions, all adults should have a POA set up. More importantly, all adults should have regular discussions with the people they love and trust about what they would want should they become incapacitated.
How to Get a California Power of Attorney?
1. Decide Who to Designate as Your Agent
Before you create a DPOA, you need to know who will act as your agent. You should also talk with the person before filling out the forms. That way, you can make sure that they are willing to act as your agent and feel up to the job.
2. Decide Between a Financial, Medical, or Both POAs
You will also need to decide what rights you’re giving and whether they can act as your financial and medical POA or only one of the two.
Part of this decision will also be choosing the specific power(s) you would like to give your agent and disclosing the information they need to make good choices on your behalf.
3. Get Your California POA Notarized and Filed Appropriately
Your DPOA will almost always need to be notarized to be valid. You should keep a copy of the document, as should anyone authorized in your DPOA and your lawyer.
Some states may require that your DPOA and associated documents also be filed with various state offices. You should always check and see what requirements you have to meet in your state before filing your DPOA.
Frequently Asked Questions
What should I consider when selecting an agent?
You should consider your relationship and how much you trust the person you’re considering. Are there any reasons they might decide to act against your wishes given the opportunity? Ideally, you should pick someone who knows you very well and who understands and respects your wishes.
What happens if the principal dies?
If the principal of a DPOA dies, the DPOA is no longer considered valid. Agent rights revert to the spouse or closest living family member if the agent is not also one of those individuals.
The principal must meet accepted medical standards of death. A coma or similar condition is not the same as death.
How do you relinquish financial power of attorney as an agent?
You can contact the principal and request that they revoke the power of attorney if you would like to relinquish your POA. Alternatively, you can decline to act.
When you officially decline to act, someone else may be assigned to act instead, although this process can often lead to court battles. You may or may not be required to participate in a court case, depending on the circumstances and your relationship with the principal.
Can an agent abuse their power?
Yes, in some circumstances an agent may be able to abuse their power. That’s why it’s important to carefully select this person. You also need to consider what powers you are giving them and set out legal documents like Advanced Directives and a Last Will and Testament to ensure your affairs are handled properly.
The more you decide on now, the less room there is for your agent to cause problems later.
How can I cancel a power of attorney?
An individual who is not the principal can only challenge the power of attorney in court, but waiting for the court order may not be the best answer to an emergency. It’s best to handle POA revocation while the principal can make decisions.
A principal can cancel the power of attorney by signing a power of attorney revocation form. That has to be done in front of witnesses or notary public, depending on your state’s laws. Send a revocation letter to the former agent by mail and the power of attorney is considered legally void. You do not need to wait for a response, though.
A new version of the power of attorney overrides the previous one when signed and notarized. Your new appointment will take on the responsibility of being the agent and any previous appointments will have no agent authority.
Be sure to send copies of revocation letters or new POA to any institutions or government organizations that the previously-appointed agent dealt with. Accidents happen, and there’s a chance that an institution may still work with the previous agent unless notified.
Can someone in jail appoint a power of attorney?
While a prison sentence does reduce an individual’s rights quite significantly, it doesn’t strip them of all their rights. Issuing a power of attorney to their confidant is one of those rights.