California Power of Attorney Requirements

Granting someone Power of Attorney is a powerful way to ensure your personal, financial, or medical decisions are handled according to your wishes if you're ever unable to make them yourself. In California, there are specific legal requirements you’ll need to meet to make a Power of Attorney valid and enforceable. Whether you’re planning ahead for peace of mind or helping a loved one prepare for the future, understanding how to get a Power of Attorney in CA is key to protecting what matters most. 

What Is a Power of Attorney in California?

A Power of Attorney (POA) in California is a legal document that allows you—the “principal”—to appoint someone you trust to make decisions on your behalf. This person, known as your “agent” or “attorney-in-fact,” can be granted authority over financial matters, health care decisions, or both, depending on the type of POA you create. In California, a POA can take effect immediately or only if you become incapacitated, and it must meet specific state guidelines to be legally valid. 

How to Get a Power of Attorney in California: Step-by-Step Guide

Whether you're planning for future medical needs or want help managing finances, setting up a POA the right way is essential. Here’s a step-by-step guide to help you get started and ensure your document is legally valid under California law:

1. Choose the Type of POA You Need

The type of Power of Attorney you choose depends on the decisions you want someone to make on your behalf. A Financial Power of Attorney allows a trusted person to manage your finances—everything from paying bills to handling investments. A Medical Power of Attorney, part of an Advance Health Care Directive, lets someone make healthcare decisions if you're unable to speak for yourself.

You can also decide whether your POA should be immediate or springing (activated only if you're incapacitated), and whether it should be limited to specific tasks or durable, meaning it remains in effect if you become incapacitated.

2. Complete the Correct California Power of Attorney Form

Use a legal form that meets California Power of Attorney requirements. The form should clearly state who the agent is, what powers they have, and whether they continue if you become incapacitated. California probate code also requires the date of execution be included. Trust & Will’s platform simplifies this step by guiding you through a state-specific questionnaire that generates a legally compliant document.

3. Sign and Notarize the Document

To be valid in California, your POA must be signed by you and either notarized or witnessed by two adults who are not your agent. For a Medical Power of Attorney, the witnesses cannot be your healthcare provider or anyone connected with a community care or residential care facility. 

4. Distribute and Store the POA Safely

Once signed and notarized, give a copy to your agent and anyone else who may need it, like your doctor, attorney, or financial institution. Keep the original in a secure but accessible location. If you use Trust & Will, your documents can also be stored digitally in your secure account, giving you and your loved ones access when it matters most.

How to File Power of Attorney in California

In California, there’s no need to file a Power of Attorney (POA) with the court or government for it to be valid in most cases. Once the document is properly completed, signed, and notarized (or witnessed) it becomes legally enforceable. However, there are specific situations where filing may be required:

• Real estate transactions: If your agent will be handling real estate on your behalf, the POA must be notarized and recorded with the county recorder’s office where the property is located.

• Financial institutions: Some banks or financial organizations may request a copy or require you to complete their own POA forms in addition to your existing document.

To ensure your POA is recognized, always provide copies to the relevant parties or anyone else involved in carrying out your wishes. Proper notarization and clear documentation are key to making your Power of Attorney effective in California.

How to Modify or Revoke a Power of Attorney in California

To modify or revoke a Power of Attorney (POA) in California, the principal—the person who created the POA—must be mentally competent and take clear, intentional steps to make the change legally valid.

If you need to modify your Power of Attorney in California, create a new document that reflects your updated wishes. It’s best to clearly state in the updated document that the old version is no longer valid. Then, notify your former agent and anyone who had a copy of the original POA, such as your bank or healthcare provider.

To revoke a POA, create a written Revocation of Power of Attorney and sign it in front of a notary. Provide copies of the revocation to your agent and anyone who might act based on the previous POA. If you recorded the original POA with your county office, the revocation must be recorded there as well. 

By keeping your POA up to date and properly revoking old versions, you can continue to ensure your future wishes are honored. 

How Trust & Will can help you get the right POA in California

Trust & Will makes it easy to create the right Power of Attorney in California, with clear, step-by-step guidance and attorney-approved documents tailored to your needs. Whether you're appointing someone to manage your finances, make healthcare decisions, or both, our platform walks you through the process using plain language, no legal background required.

With state-specific documents, built-in support, and clear instructions for making your POA legally binding, you can move forward with confidence. It’s one more way we help you take control of your future and protect what matters most.

Frequently asked Questions (FAQs): 

Do I need a lawyer to get a power of attorney in California?

No, you don’t need a lawyer to create a Power of Attorney in California. You can complete one yourself, as long as it meets the state’s legal requirements and is properly signed.

How long does a power of attorney last in California?

A Power of Attorney in California lasts until you revoke it, set an expiration date, or become incapacitated—unless it’s a Durable Power of Attorney, which stays in effect even if you’re incapacitated.

Can you have more than one power of attorney in California?

Yes, you can have more than one Power of Attorney in California. You can assign different agents for different responsibilities, or create separate POAs for healthcare and financial matters.

Trust & Will makes estate planning simple so you can create a customized, state-specific plan from the comfort of your own home. Take our free quiz to discover which estate plan best fits your needs today, to secure your family’s future.

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Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.