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California General (Financial) Power of Attorney

A California general power of attorney (GPOA) transfers the authority to act on financial matters from one person to another. This type of power of attorney is non-durable, which means that it only remains in effect while the principal is alive and not incapacitated (Dementia, Alzheimer's Disease, etc.).
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Laws

  • Durable – A power of attorney is durable when it contains the words:[1]
    • “This power of attorney shall not be affected by subsequent incapacity of the principal;”
    • “This power of attorney shall become effective upon the incapacity of the principal;” or
    • Similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent incapacity.
  • Incapacity“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.[2]
  • Signing Requirements – Principal’s signature must be acknowledged by two witnesses or a notary public.[3]