Updated May 20, 2024
A California springing power of attorney authorizes someone to make important decisions on behalf of the person making the document (principal). By its terms, it becomes effective at a future date or on the occurrence of a future event that can include the incapacity of the principal.
Permitted in California?
Yes, a power of attorney may become effective at a future date or on the occurrence of a future event or contingency.[1]
Signing Requirements
Must be acknowledged before a notary public or by two adult witnesses (neither of which may be the attorney-in-fact).[2]
“Incapacity” Definition
“Incapacity” means impairment of a person’s abilities to understand the consequences of their actions due to a deficit in:
- Alertness and attention
- Information processing
- Thought processes
- Ability to modulate mood and affect[3]