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Power of Attorney
Is a Power of Attorney from 1979 still valid in California?

Is a Power of Attorney from 1979 still valid in California?

Full question:

In 1979, my brother granted and executed a Power of Attorney (Special) regarding a parcel of property that we own togetherness Tenants in Common. The POA was executed in Los Angeles County, Ca and the executive thereof was attested to by a Notary Public. The document was never recorded. But I have the original. The POA does not explicitly refer to any limit of time under which the POA would be valid and effective nor does is mention any condition under which the POA could or would be revoked. Question - Is this POA still in full force and effect?

Category: Power of Attorney
Date: 04/07/2025
State: California

Answer:

In California, a Power of Attorney (POA) remains effective if it meets certain criteria outlined in the Probate Code:

The POA must contain the date it was executed.
It must be signed by the principal or by another adult in the principal's presence and at their direction.
The document must be acknowledged before a notary public or signed by at least two witnesses.

According to California Probate Code section 4123(b), a POA can grant authority over the principal's real and personal property without needing to list each item specifically. Section 4127 states that unless the POA specifies a termination date, the authority granted remains valid regardless of how much time has passed since it was executed.

It would be wise to consult an attorney to ensure that your POA does not include any conditions that would terminate its effectiveness. Additionally, while your POA is legally valid, some organizations may have policies requiring POAs to be signed within a certain timeframe to be accepted.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What responsibility comes with power of attorney?

When you hold a power of attorney (POA), you have a legal responsibility to act in the best interests of the principal. This includes managing their finances, making healthcare decisions, and handling their property. You must keep accurate records and avoid conflicts of interest. Additionally, you should follow any specific instructions outlined in the POA document. Failure to act responsibly can lead to legal consequences.

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions regarding the principal's personal matters if the POA is limited to financial matters. Additionally, a POA cannot make decisions that violate the principal's wishes or that are illegal. Lastly, a POA typically cannot make decisions about the principal's own medical treatment if the document does not grant that authority.

What does power of attorney give you authority over?

A power of attorney gives you authority to manage the principal's financial and legal affairs. This can include handling bank accounts, paying bills, managing investments, and making property transactions. Depending on the scope of the POA, it may also allow you to make healthcare decisions on behalf of the principal. Always refer to the specific terms of the POA to understand the extent of your authority.

What is a person who is legally designated to act on behalf of another individual called?

A person who is legally designated to act on behalf of another individual is called an attorney-in-fact or agent. This individual is granted authority through a power of attorney document and is responsible for making decisions in the best interest of the principal. The specific powers granted can vary based on the terms outlined in the POA.