Establishing and Revoking a California Power of Attorney

 Posted on May 29, 2025 in Powers of Attorney

Depending on your unique situation, a California power of attorney can be a useful addition to your estate plan or a standalone document for a specific, limited purpose. A power of attorney document essentially allows you to choose another person to represent you in a specific manner. The person who appoints another person as a power of attorney is known as a principal.

The person appointed to represent the other person is known as the agent or the attorney-in-fact. Some people appoint another person to handle specific tasks, such as financial or medical issues. These issues may be addressed for a predetermined time, such as two weeks, or for an indefinite period to handle ongoing tasks.  

An agent can establish a trust but cannot make or change a will on behalf of the principal. The principal can revoke the POA document at any time. If you are considering a power of attorney document, speaking to a knowledgeable Los Angeles, CA estate planning attorney should be your first step.   

What Can the Agent Do?

Suppose you are going to be out of the country for two weeks, but there are some financial issues that need to be dealt with during that time. You could have a POA document drafted that clearly spells out the tasks your agent can handle on your behalf while you are away, as well as the length of time the agent will have those powers. The types of financial decisions you want your agent to make can be limited or broad. Some of those tasks could include:

• Negotiate and sign contracts
• Buy or sell properties
•  Pay invoices
• Make bank deposits, withdrawals, or other transactions
• Trade stocks and bonds

The agent could also make health decisions on your behalf. For example, if you are going in for a surgery that could potentially leave you incapacitated, you might grant power of attorney to a spouse, family member, or friend who could make medical decisions on your behalf, according to your wishes.  

Four Basic Types of Power of Attorney Documents

There are four basic types of power of attorney documents that include:

• A general POA agent is allowed to handle a broad range of legal and financial decisions.
• A durable POA agent remains in effect when the principal becomes incapacitated. The role of the agent in a durable power of attorney is fiduciary.
• A medical POA agent makes medical decisions on behalf of the principal when the principal becomes incapacitated.
• A limited POA agent operates within a very narrow scope for a one-time transaction.

Revoking the Power of Attorney

You may choose to revoke the POA at any time, whether due to trust issues concerning the agent or a desire to resume control. The document can be revoked by drafting a concise revocation notice. The revocation notice must be signed and notarized by the principal, and all relevant parties must be notified. This includes the agent, law firms, and any institutions affected by the revocation.

The general POA ends when the principal becomes incapacitated, while the durable POA continues after incapacity. A healthcare POA could end on the principal’s death or when the principal is no longer incapacitated. It is important to note that if your spouse was your designated agent and you are now divorced, California law does not automatically cancel a POA upon divorce.

Contact an L.A. County, CA Estate Planning Lawyer

If you are considering implementing a POA document, it is important that you speak to an experienced Los Angeles, CA estate planning attorney from Law Office of David Schechet.  Attorney Schechet has more than 35 years of experience. He will look for ways to create an estate plan that comprehensively reflects your wishes while working to save you money in the process. Call 800-282-4731 to schedule your free consultation.