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One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agents activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
No, a doctor cannot override a medical power of attorney. Your doctor is obligated to follow the direction of the person you designate as having medical power of attorney over you.
To establish an MPOA in California, the principal must complete a legal form, either the states statutory form or through an attorney. The document, which should be notarized or witnessed by two independent adults, becomes effective when the principal is unable to make their own healthcare decisions.
A durable power of attorney for finances does not give your attorney-in-fact legal authority to make health care decisions for you. To make sure that your wishes for health care are known and followed, create a health care directive. To authorize decisions about marriage, adoption, voting, or wills.
A California Power of Attorney (POA) is a legal document that allows an individual (the principal) to appoint someone else (the agent or attorney-in-fact) to make financial, legal, or healthcare decisions on their behalf.
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When someone makes you the agent in their power of attorney, you cannot: Write a will for them, nor can you edit their current will. Take money directly from their bank accounts. Make decisions after the person you are representing dies. Give away your role as agent in the power of attorney.
THIS DOCUMENT GIVES YOUR AGENT THE POWERS TO MANAGE, DISPOSE OF, SELL, AND CONVEY YOUR REAL AND PERSONAL PROPERTY, AND TO USE YOUR PROPERTY AS SECURITY IF YOUR AGENT BORROWS MONEY ON YOUR BEHALF.
You usually dont need a lawyer to prepare a durable power of attorney for finances because its a simple and straightforward document. As discussed above, Californias state government has even created a statutory form POA for people to complete on their own by filling in the blanks.

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