Power of Attorney in California: Types and How to Set One Up

A power of attorney (POA) lets you appoint someone you trust to act for you if you can’t. It’s one of the most important — and most overlooked — documents every California adult should have. Here are the types and how to set one up.

Durable (financial) power of attorney

A durable power of attorney lets your chosen agent manage finances — banking, bills, property — and stays in effect if you become incapacitated. It can be effective immediately or “springing” (only on incapacity).

Advance health care directive

This appoints a health care agent to make medical decisions and records your wishes if you cannot speak for yourself. In California it must be signed before a notary or two qualified witnesses.

How to set one up

1. Choose trustworthy agents (and backups). 2. Decide the scope and when authority starts. 3. Complete the documents. 4. Sign the financial POA before a notary; sign the health care directive before a notary or two witnesses. 5. Give copies to your agents and your doctor.

Keep it current

Review your POA after major life events — marriage, divorce, or a falling-out — and revoke an old one if your wishes change.

How Curbside Legal helps

We prepare durable powers of attorney and advance health care directives — properly executed and ready to sign. Get the DIY POA packet or have us prepare it.

Curbside Legal is a legal document preparation service, not a law firm, and does not provide legal advice.

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