Power of Attorney in California

By: Minh Luong and Neharika Salhotra

Power of attorney is a legal process that allows an individual to appoint someone else to handle their affairs while they are still alive.

There are three main types of powers of attorney in California.  Each type has a different purpose and provides a different set of rights to the appointed person.  

Different Types of Powers of Attorney

General power of attorney: The general power of attorney grants broad powers, typically including  all major financial decisions, and anything regarding estates.  This type of power of attorney should only be considered if  the individual intends on relying on their attorney for a majority of decisions. An important exception to this power of attorney is that agents cannot gift themselves property.

Limited power of attorney: Limited power of attorney is often a great place for individuals who are hesitant to dive right into the general power of attorney. An agent may be granted access to financial accounts while preventing any abilities to write checks or make withdrawals. Limited power of attorney allows an agent to step in if the original individual is incapacitated.

Durable power of attorney: Durable power of attorney is the most permanent option. The authority granted will only end in the event that the principal becomes incapacitated or incompetent, protecting against misuse of power of attorney.

The concept of power of attorney goes much deeper and is far more detailed when it comes to understanding unique cases.  Please contact the attorneys at Chugh, LLP for a more detailed understanding of power of attorney and how to tailor it to your unique circumstances.

 

Works Cited

“Power of Attorney.” Power of Attorney, www.americanbar.org/groups/real_property_trust_estate/resources/estate_planning/power_of_attorney.

“What Is a Power of Attorney (POA)? | Consumer Financial Protection Bureau.” Consumer Financial Protection Bureau, 5 Aug. 2016, www.consumerfinance.gov/ask-cfpb/what-is-a-power-of-attorney-poa-en-1149.