A power of attorney allows you to decide who can act on your behalf before the need arises. Whether you’re planning for the future, traveling, completing a real estate transaction, or preparing for the unexpected, having the right document in place can save time and avoid unnecessary complications. At Golden State Legacy Planning, PC, we help individuals and families in El Segundo, throughout Los Angeles County, and across California prepare powers of attorney that reflect their wishes and provide clear legal authority when it’s needed.
Why Clients Choose Golden State Legacy Planning
A power of attorney gives another person significant legal authority, so it should be carefully prepared to reflect your wishes and your unique circumstances.
When preparing a power of attorney, we focus on:
- Careful drafting. We prepare documents that comply with California law and clearly define your agent’s authority.
- Authority tailored to your goals. Whether your agent needs broad authority or only specific powers, we’ll help you determine the approach that best fits your circumstances.
- Spanish interpretation available. We’ll make sure you understand the authority you’re granting before you sign your documents.
- Personal guidance from attorney Kylie M Tsudama. She’ll work with you throughout the planning process.
- Clear explanations before you sign. We’ll explain the authority you’re granting, when your power of attorney takes effect, and how it can be updated if your circumstances change.
What Types of Power of Attorney Are Available?
Not every power of attorney serves the same purpose. The right document depends on the authority you want to grant and when you want it to take effect.
A general power of attorney gives your agent broad authority to handle many financial and legal matters. A limited power of attorney, sometimes called a special power of attorney, restricts your agent’s authority to specific tasks, such as selling a home or managing a particular account.
A power of attorney may also be:
- Durable, meaning it remains effective if you later become incapacitated.
- Non-durable, meaning it automatically ends if you become incapacitated.
- Immediate, allowing your agent to act as soon as the document is signed.
- Springing, becoming effective only after a specified event, typically your incapacity.
Not every estate plan requires the same type of power of attorney. We’ll help you determine which document best fits your needs.
What Responsibilities Does Your Agent Have?
Your agent has a legal obligation, known as a fiduciary duty, to act in your best interests.
That generally means your agent must:
- Follow the authority granted in your power of attorney
- Keep your finances separate from their own
- Avoid conflicts of interest
- Act for your benefit rather than their own
Your document can also require your agent to keep financial records or provide accountings to a person you designate.
How Should a Power of Attorney Be Signed?
California law establishes specific requirements for creating a valid power of attorney. Generally, the document must be signed by you and either notarized or witnessed by two qualified adults. If your agent will be handling real estate transactions, notarization is typically required. Certain provisions also require specific language or formatting under California law.
Meeting California’s legal requirements helps ensure your power of attorney is valid and ready to be used when it’s needed.
Will Banks and Financial Institutions Accept My Power of Attorney?
Even when a power of attorney satisfies California’s legal requirements, banks and other financial institutions may still review it before allowing an agent to act. Older documents, unclear language, or an institution’s internal policies can sometimes delay acceptance.
We prepare powers of attorney that comply with California law and clearly define your agent’s authority, helping reduce questions when the document is presented. If an institution requests additional certifications or affidavits, we can also help you address those requirements.
When Does a Power of Attorney End?
A power of attorney does not remain in effect indefinitely.
It generally ends when:
- You revoke it while you still have legal capacity.
- A stated expiration date or specific event occurs.
- The purpose of a limited power of attorney has been completed.
- You pass away.
After your death, authority transfers to your executor or successor trustee under your estate plan, not the person named in your power of attorney.
Prepare a Power of Attorney That Fits Your Needs
A properly prepared power of attorney can simplify everyday transactions and ensure someone you trust can act on your behalf when needed. If you’re looking for an El Segundo power of attorney lawyer, Golden State Legacy Planning, PC, helps individuals and families throughout El Segundo, Los Angeles County, and California prepare powers of attorney that reflect their wishes and fit their circumstances. Contact us today to schedule a consultation.
Frequently Asked Questions
Can I use a power of attorney to sell my home?
Yes, if your power of attorney specifically authorizes your agent to handle real estate transactions. Title and escrow companies often review these documents carefully before allowing an agent to sign on your behalf.
What happens if my agent misuses their authority?
An agent who violates their fiduciary duty may be held legally responsible for their actions. Choosing someone you trust and clearly defining their authority are important safeguards.
Do I need a separate power of attorney for property I own in another state?
Sometimes. Laws and institutional requirements vary from state to state. We can help you determine whether an additional document would be beneficial.
Can I create my own power of attorney using an online form?
Online forms may not address your specific circumstances or satisfy California’s legal requirements. A document that is incomplete or rejected by a financial institution may not provide the protection you intended.