Power of Attorney Preparation in California

The law says a power of attorney is sufficient if it is dated, signed by the person giving the power, and either acknowledged before a notary or signed by two qualifying witnesses. It is durable if it says it survives incapacity or becomes effective on incapacity.

The law says witnesses must be adults, the agent may not be a witness, and each witness must see the principal sign or acknowledge the signature or the document.

The law says an agent under a power of attorney cannot modify or revoke a trust unless the trust expressly allows it. That is one reason to read both documents carefully. We prepare what you direct and cannot advise on how they work together.

You can cancel a power of attorney in writing, and we can prepare the written revocation from the details you provide. You decide whether to revoke and whom to notify. We cannot advise on timing or on what to tell banks and others who have relied on the old document.

No, you choose your agent and the powers granted. We cannot recommend who should act for you or what authority to give. We write your choices into the document.