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Commonly Asked Questions about US Limited Power of Attorney Forms

In California, you must use a specific power of attorney form as dictated by the state code. You can find financial POAs in California Probate Code Section 4401, called a Uniform Statutory Form Power of Attorney. This is used to create general or limited POAs.
Durable power of attorney: A type of advance medical directive in which legal documents provide the power of attorney to another person in the case of an incapacitating medical condition.
More often than not, our clients opt for the General Durable Power of Attorney (a mix of the Durable and General Power of Attorney) for its ease of use by the Agent, and sustainability over the lifetime of the Prinicipal.
A durable power of attorney refers to a power of attorney which typically remains in effect until the death of the principal or until the document is revoked.
Potential for Abuse The agent under a DPOA has docHub control over your affairs, which could lead to potential misuse or abuse without proper oversight.
The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the durable power of attorney continues to be effective despite your subsequent disability.
In general, the Principal (whomever created the Power of Attorney, or POA) can always override the legal document. Beyond that, there is also a possibility for others to try and put a stop to a POAs powers, too.
We recommend that you contact a legal advisor for guidance in obtaining and executing a power of attorney. Your legal advisor can prepare a power of attorney document that covers a broad range of assets and transactions and can be presented at multiple financial institutions.