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Download an appropriate power of attorney form. Name the parties. Choose the powers you want the agent to have. Note powers that cannot or will not be conferred.
California makes it easy to access and create a power of attorney document. The California Probate Code offers a form that complies with California law. In addition, the California Office of the Attorney General website provides a standard power of attorney for health care form. Between these two forms, you should be able to create a valid power of attorney that addresses the concerns you have. When filling out either form, the first step will be two identify each party to the power of attorney. First, you will include the principal's name, address, and contact information. Next, you will need to include the name of the agent or agents that were chosen. If you designate more than one person to act as an agent, you will need to designate the way in which decisions will be made. If you want each agent to be able to act on their own, simply state that the agents can act separately. If you want all of your agents to act together, state that the agents must act jointly. Each form will have a section for you to check off powers you want the agent to have, and each form will provide space for you to write out clear directives. Using the California Probate Code form, you can grant powers by simply initialing next to the powers already laid out. In order to withhold powers, simply avoid initialing next to that power. The subjects included in the form are: real property transactions; tangible personal property transactions; stock and bond transactions; commodity and option transactions; banking and other financial institution transactions; business operating transactions; insurance and annuity transactions; estate, trust, and other beneficiary transactions; claims and litigation; personal and family maintenance; benefits from social security, medicare, medicaid, or other governmental programs, or civil or military service; retirement plan transactions; and tax matters. In the health care form, the agent will be authorized to make all health care decisions unless exceptions are explicitly provided. With the different types of powers of attorney in mind, you need to determine exactly what needs to be accomplished. Durable powers of attorney are often appropriate for long-term care of someone experiencing serious medical issues who is in danger of becoming incapacitated. Durable powers of attorney are also often granted to trust administrators and conservators so the trustee can manage the estate without having to seek signatures on every document. For most other situations, a general or limited power of attorney will suffice. Even if the power of attorney will be valid for a long period, such as a period of incarceration or until a child turns 18, you should only take or delegate as much authority as necessary. The final part of a power of attorney should include specific powers you do not wish to confer. You want to include these exclusions in order to make clear the limits of the agent's powers. For example, if you do not wish to allow the agent to make real property decisions, including the purchase and sale of real property, explicitly state this in your power of attorney. Also, there are some issues that cannot be legally included in a power of attorney. For example, in California, an agent cannot make or change the principal's will.