Can a POA executed in 2004 be recorded in 2007?

Q: Can I revoke my Durable Power of Attorney?

Yes, you can revoke your Durable Power of Attorney at any time, as long as you are mentally competent. To revoke it, you should create a written revocation notice and inform your attorney-in-fact and any relevant institutions. It’s also advisable to destroy any copies of the original DPOA.

Q: How do I create a new Durable Power of Attorney?

To create a new Durable Power of Attorney, you need to draft a new document that specifies your chosen attorney-in-fact and the powers granted. It's important to follow your state's requirements for signing and witnessing the document. Once the new DPOA is in place, revoke the old one to avoid confusion.

Q: What happens if my attorney-in-fact cannot serve?

If your attorney-in-fact cannot serve, the Durable Power of Attorney may specify an alternate attorney-in-fact. If none is named, you may need to appoint a new attorney-in-fact through a new DPOA. Always ensure that your documents are updated to reflect your current wishes.

Q: Do I need a lawyer to create a Durable Power of Attorney?

While you can create a Durable Power of Attorney without a lawyer, it is advisable to consult one to ensure that the document meets your state's legal requirements and accurately reflects your wishes. A lawyer can help you understand the implications of the powers you grant.

Full question:

I am looking for a simple way to add an attorney-in-fact to existing Durable Power of Attorney. Can a POA executed in 2004 be recorded in 2007? What are the requirements or how can that be done?

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

Answer:

I suggest calling the local recorders office regarding filing the POA, as rules vary by office. If a second person isn't named in the POA, a new one should be created and the old one revoked in order to make the changes.

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 is a Durable Power of Attorney?

A Durable Power of Attorney (DPOA) is a legal document that allows someone to make decisions on your behalf if you become incapacitated. Unlike a regular Power of Attorney, a DPOA remains effective even if you are unable to make decisions for yourself. It can cover financial matters, healthcare decisions, and more, depending on how it's drafted.