A power of attorney is a legal document that allows one person, the agent, to act in place of someone else, the principal.

Many people may be more familiar with a general power of attorney, which often comes into play as an elderly relative becomes incapacitated and needs assistance with making medical or financial decisions.

However, there are more specific ways to use a power of attorney to allow another individual to act as your proxy only for a limited amount of time or in a specific situation. This is called a limited power of attorney in Orange County.

If you know you may need help managing your affairs during an upcoming experience, a limited power of attorney is a smart way to prepare. Contact a skilled POA attorney to help you get started.

Reasons You Might Need a Limited Power of Attorney

A person may decide to obtain a limited power of attorney when they need someone to act on their behalf for only a specific transaction or a certain period of time.

If, for example, an individual knows they have an important business meeting in another country at the same time a property closing is scheduled to occur, they can ask their lawyer to create a limited power of attorney, giving their agent the right to act as their proxy only for that specific time or event.

Another common reason a person in Orange County might use a limited power of attorney is when they are being treated for or recovering from a significant illness. Knowing that bills will be paid and investments managed on their behalf can be a source of comfort even if they are temporarily incapacitated due to a health problem.

The limited power of attorney is flexible enough to cover many scenarios, giving the principal the confidence that their affairs will be taken care of by a trusted agent even when unavailable. By crafting the scope of the document carefully, a lawyer could ensure that the appropriate needs will be met without the principal sacrificing more control than they want to.

Creating a Limited Power of Attorney

The principal must follow specific procedures to create a valid limited power of attorney under California law.

Identifying an Agent

First, they must identify who they want to serve as their agent. This needs to be a trustworthy person capable of carrying out the designated responsibilities and who will act in the principal’s best interest. The principal should discuss this decision with the agent ahead of time to ensure they are willing to act in this capacity and will be available during the relevant period.

Outlining the Scope of the Agreement

Once the agent has been selected, the attorney handling the matter should outline the specific scope of the agreement with the principal. It helps to be specific for this document since it is intentionally limited. When that is done, the parties should fill out a state-approved form that lists the agent’s name, the duties they are entrusted with, and the relevant time period.

To be valid, this document should be witnessed by two independent parties or notarized. When this is complete, all that is needed is to provide a copy to the agent and any relevant third parties. In California, it does not need to be filed with the state to be valid. However, the lawyer may also retain a copy for safekeeping.

Changing or Revoking a Limited Power of Attorney

In Orange County, the limited power of attorney can easily be modified if the situation changes. A principal may alter or revoke a limited power of attorney at any time as long as they remain mentally competent. To do this, the principal must notify the agent and any other parties in writing with a copy of the limited power of attorney.

Call an Orange County Legal Professional For Help With a Limited Power of Attorney

If a limited power of attorney could help solve a problem you are anticipating, consider contacting an Orange County lawyer for help. You could fill out the form yourself, but because this document grants some of your decision-making power to another person, it is wise to have sound legal advice before making it official.

An experienced attorney could discuss your situation and help you troubleshoot the form, spotting potential pitfalls before they cause a problem. With the right help, you could rest easier knowing that your affairs will be handled by someone you trust even when you cannot do it yourself.

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Amity Law Group, LLP

Amity Law Group, LLP
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