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In addition to defining different types of power of attorney, California law allows principals to decide when a POA takes effect. Power of attorney authorization can be durable, non-durable, or springing.
The general power of attorney is effective until you terminate or revoke it, you become incapacitated, or you die. You can also specify that it will expire after a certain date. In contrast, a power of attorney that is durable allows your attorney-in-fact to act on your behalf even if you become incapacitated.
DPOA vs POA A standard POA automatically becomes invalid if the person who made it (the principal) becomes mentally incapacitated. On the other hand, a Durable Power of Attorney remains in effect even if the principal becomes mentally incapacitated.
THIS DURABLE POWER OF ATTORNEY MUST BE DATED AND MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR SIGNED BY TWO WITNESSES. IF IT IS SIGNED BY TWO WITNESSES, THEY MUST WITNESS EITHER (1) THE SIGNING OF THE POWER OF ATTORNEY OR (2) THE PRINCIPALS SIGNING OR ACKNOWLEDGMENT OF HIS OR HER SIGNATURE.
An executor can make decisions on behalf of your estate only after your death. When does my durable power of attorney end? Your durable power of attorney ends automatically when you die. In California, your durable power of attorney will end automatically if you get a divorce and your ex-spouse was your agent.
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DPOA vs POA A standard POA automatically becomes invalid if the person who made it (the principal) becomes mentally incapacitated. On the other hand, a Durable Power of Attorney remains in effect even if the principal becomes mentally incapacitated.
You can get a blank Power of Attorney form from: a stationery store or other store that sells pre-printed legal forms. your estate planning lawyer, or. Section 4401 of the Probate Code .
Powers of attorney concerning real property must be acknowledged (docHubd). There is no statutory requirement that the power of attorney be recorded with the County Recorder in the county where the real property is located.

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