How the California Probate Code defines the activities of someone under a power of attorney are for the most part affected by the definitions under California Power of Attorney law or California’s Uniform Durable Power of Attorney Act. Did you know that there are many terms for someone who acts as an agent under a power of attorney? Learn about the duties of an agent under a power of attorney. If you are the maker or principal of the power of attorney, knowledge about the duties will protect you. If you are the agent under a power of attorney, it will also protect you. We recommend that you make your power of attorney durable so that it will continue to operate if you become incapacitated.
Here is a list of important definitions:
(a) “Attorney-in-fact” means a person granted authority to act for the principal in a power of attorney, regardless of whether the person is known as an attorney-in-fact or agent, or by some other term.
(b) “Attorney-in-fact” includes a successor or alternate attorney-in-fact and a person delegated authority by an attorney-in-fact.
“Durable power of attorney” means a power of attorney that satisfies the requirements for durability provided in Section 4124.
This generally means that the power of attorney is not affected by the subsequent disability of the principal. It is Durable as it lasts beyond incapacity. However, the principal must be competent when he or she signs or executes it.
“Power of attorney” means a written instrument, however denominated, that is executed by a natural person having the capacity to contract and that grants authority to an attorney-in-fact. A power of attorney may be durable or nondurable.
“Principal” means a natural person who executes a power of attorney.
“Springing power of attorney” means a power of attorney that by its terms becomes effective at a specified future time or on the occurrence of a specified future event or contingency, including, but not limited to, the subsequent incapacity of the principal. A springing power of attorney may be a durable power of attorney or a nondurable power of attorney.
“Third person” means any person other than the principal or attorney-in-fact.
At Sirkin Law Group, our attorneys have helped thousands of people with the proper implementation of power of attorney documents. We can guide you to protect yourself, your principal and your agent. Call 818.340.4479 for answers to your power of attorney questions or email us at mail to: info@sirkinLaw.com