A power of attorney allows you to appoint an agent(s) to represent you should you be away or incapacitated. A durable power of attorney lasts until you cancel the power of attorney or until you pass. After you pass, the power of attorney is no longer relevant.

Common tasks assigned to an Agent include:

• Depositing/withdrawing from bank account
• Paying bills
• Buying or selling property
• Preparing and filing tax returns
• Applying for benefits

When creating a power of attorney in California, you choose what decisions can and cannot be made by the person you appoint as your agent (also called an “attorney-in-fact”). You will also choose whether you want the agent to have immediate power or only in case of an incapacitation or written notice.

The agent is not allowed to change your will nor use your assets for his/her benefit.

Power of attorney forms must be notarized and signed by two adult witnesses who are not listed as agents in the Power of Attorney.

You can always change your agent or other aspects of your power of attorney. If you are unable to do so and relatives or friends are concerned about the conduct of your agent, they can petition the Probate Department to have the court review the agents actions.

Sometimes the agent will have troubles being recognized by various financial institutions despite having the documents you prepared. Sometimes institutions have their own forms. The agent may need to have a court order the institution honor the Power of Attorney.

A successor trustee of a living trust acts in a very similar manner as a agent and often avoids the problem of a financial institution not recognizing the agent.

Consult with an attorney for which documents best suit your estate plan.