All adults of sound mind have the sole power to make decisions about themselves. You are the only person who can transfer property, sign a contract, or execute a mortgage for yourself. However, a situation could arise where you may want to empower another person to act on your behalf.
A Rancho Cucamonga power of attorney lawyer from the Law Offices of Terrence Fantauzzi could help you understand the purpose of this type of legal document and draft a plan that clearly articulates your desires.
Types of Powers of Attorney Recognized in Rancho Cucamonga
Powers of attorney (POA) are flexible legal documents that can achieve a variety of objectives. Durable and specific powers of attorney are two common forms of these legal documents.
Durable Power of Attorney
The simplest form of these documents is durable power of attorney. With this document, a person empowers another to make legal decisions on their behalf for the foreseeable future. This legal relationship lasts until either the creator rescinds the power or the creator dies. A person with durable power of attorney may act on the other person’s behalf by:
- Entering into contracts
- Executing mortgages, deeds, or other legal documents
- Obtaining legal aid or advice
- Filing documents with the government on behalf of the subject
- Obtaining money or property
However, those who hold POA do not have unlimited authority to make decisions on behalf of the creator. The most prominent limitation concerns medical decisions, which requires a separate legal authorization.
Specific Power of Attorney
While a durable POA grants authority for an unlimited length of time, a specific power of attorney limits the scope of the document. As a result, a specific power of attorney may last for a given length of time or empower a person to perform only a specific task. Terrence Fantauzzi, a skilled Rancho Cucamonga lawyer, could provide more information about the legal impacts of powers of attorney documents.
The Legal Process for Creating a Power of Attorney
The state government makes it fairly easy to create a power of attorney. California Probate Code § 4401 provides a template that individuals may use to ensure the document meet the legal requirements. The statute also requires individuals to use a form that lists specific powers that an individual wishes to confer upon another.
This form contains a space for a notary public to acknowledge the authenticity of the documents, as well as a space for the receiver of the powers to add their signature. Finally, it informs the creator as well as the receiver of their authority and duties under the law when the document goes into effect.
Even though the state provides a template for the creation of a power of attorney, it is still helpful to work with a qualified lawyer like Terrence Fantauzzi. This is especially important when creating limited powers of attorney that may highlight exceptions to the standard form.
Contact a Rancho Cucamonga POA Attorney at the Law Offices of Terrence Fantauzzi Today
Situations may arise during your life that compel you to grant legal authority over your affairs to another person. This may include illness or injuries, loss of mental capacity, or a trip out of the country that leaves you unable to attend a legal meeting. One way to prepare for these situations is to create a power of attorney.
Terrence Fantauzzi, a Rancho Cucamonga power of attorney lawyer, could help determine your need for these documents and draft the paperwork in a way that meets the legal requirements. Contact us today to schedule a consultation and learn more.