File a power of attorney, choose the right form. A California POA can only be created by a director who is 18 years of age or older. The principal must also have the legal capacity to enter into a contract. A general or limited POA must be signed by the principal and two witnesses or a notary.
In some cases, you can choose to have two people witness you, although it is better that, at a minimum, your POA is notarized. See above. If your friends, family or officers are aware of problems with a power of attorney, they can file a petition with the Probate Department. The petition may ask the Court to review what the agent has done.
The Court may decide to investigate further. You can still complete the POA-1 form using our web application. Simply print and sign the form and send it directly to the Tax Department by fax (preferred) or mail. Important: You cannot partially revoke a POA.
If you have appointed several representatives in a POA and subsequently decide to revoke one of them, the revocation will apply to all representatives of that POA. You must submit a new POA to appoint the representatives you want to continue to represent you. Important If multiple people have been appointed to a POA, you (the representative) cannot withdraw from the POA without invalidating all other persons on the list. The taxpayer must file a new POA to designate the people they want to continue representing them.
If you used the California statutory POA form, it will say, UNLESS OTHERWISE STATED ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL REVOKED. If you are the taxpayer who granted authority through a power of attorney, you can revoke the authority. A power of attorney allows someone else to handle financial or health care matters on your behalf, and California has specific rules about types and requirements. To obtain a power of attorney in California, you will need to download the appropriate form online and complete it, including both parties' names and the powers you want the agent to have.
California requires that the person who makes a power of attorney have a certain mental capacity, called the ability to contract. If you are a legally appointed trustee, you must provide evidence of your authority to act on behalf of the taxpayer. You can find financial POAs in California Probate Code Section 4401, called the Uniform Legal Power of Attorney Form. For more information on other types of POAs, including non-durable (limited) and emergent POAs, see What is a power of attorney.
A power of attorney is useful if you have a physical illness or injury, or if you want someone to make decisions for you in case you become incapacitated. Unless the court or conservator says otherwise, your agent can continue to use power of attorney to handle your affairs. To obtain a power of attorney in California, you will need to choose the correct type of power of attorney and complete the appropriate form. A durable financial power of attorney can prevent a financial disaster in case you become incapacitated.
A power of attorney is a legal document that allows you to designate a person or persons to represent you before the department. You can decide if you want your power of attorney to expire on a certain date or after your agent performs a specific task.