California Durable Power of Attorney Form

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The California Durable Power of Attorney Form is a Power of Attorney agreement that does not expire if the Principal is rendered incapacitated or otherwise unable to act on their own. This is kind of Power of Attorney form is often set in place to activate upon the Principal’s incapacitation, rather than immediately upon signing. In California these forms must be witnessed by at least two (2) people unrelated to either the Attorney-in-Fact or the Principal.

Note that this does not give the Attorney-in-Fact the ability to make health care decisions for the Principal. While this kind of agreement can, and often does, overlap with a Living Will and medical decisions, this specific form does not and would require a Medical Power of Attorney Form in addition.