What Is A Power Of Attorney In California? (2026)
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Reviewed By Adam Ramirez, J.D.
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Summary
- A power of attorney (POA) lets you choose someone to make decisions for you
- Some POAs are broad, and others are focused on medical care or finances
- Creating a POA is a key part of the estate planning process
What happens if you fall into a coma or suffer another medical emergency? If you have a power of attorney (POA) in place, you’ll have someone you trust ready to step in. Creating a POA is an important step for anyone looking to protect themselves, their assets and their future.
In this article, we’ll take a closer look at creating a power of attorney in California.
Understanding a Power of Attorney
A power of attorney (POA) document is where a person (called the “principal”) chooses a trusted person (called an “agent” or “attorney-in-fact”) to manage their affairs when they are unable to. The principal defines the scope of the power of attorney.
Types of POAs Recognized in California
While it’s not an exhaustive list, these are some of the main types of power of attorney in California:
General Power of Attorney
This is a broad POA that grants the attorney-in-fact the power to handle legal, financial and medical affairs. Unless it’s a durable general power of attorney, it terminates when the principal becomes incapacitated.
With the right source, you can create a general power of attorney online in minutes.
Durable Power of Attorney
A durable power of attorney remains in effect even if you become mentally incapacitated. For an aging person who may soon experience cognitive decline, this is an important part of estate planning.
If you’re ready to create a durable power of attorney, you can speak to an attorney or look for a legally reviewed template.
Springing Power of Attorney
A springing power of attorney “springs” into effect once you become incapacitated. However, because it can take time for a doctor to certify that you’re incapacitated, many people opt for a durable POA instead.
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Legal Requirements and Eligibility
To create a power of attorney in California, you must be at least 18 years old. You also must be of sound mind at the time of creation.
Steps to Create Your POA in California
These are the general steps to create your POA:
- Choose your trusted person/attorney-in-fact.
- Complete a California POA form.
- Explicitly define the powers your attorney-in-fact may have.
- Sign in front of a notary (or in front of two disinterested witnesses).
If you want your POA to be durable, make sure you explicitly state that it remains effective if you become incapacitated.
Changing, Revoking or Disputing a POA
The principal is free to revoke or change the document unless they have become legally incapacitated. If someone wants to dispute a POA, they may file a petition in probate court.
Want to Learn More About Power of Attorney in California?
Having the right power of attorney in place can grant you peace of mind. However, there are many types of POA documents, and many people find they need more than one. If you want to discover which power of attorney best suits your situation, take a look at our selection of legal document templates and guides.
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Types of POA
