Since every state is a little different, this article is just going to focus on common questions about filing a Power of Attorney in California. You can file your own Power of Attorney but be careful with the wording since this document does give some one the legal authority to act on your behalf, but only within the limitations as stated in the document.
What is a Power of Attorney?
A power of attorney is a legal document that allows you to appoint some one as your 'agent' to act on your behalf in matters you specify within the document. This document can be used to authorize an individual to do things like Child Support Collection or Homeowner and Renter Assistance, which would be things like collecting rent money from your tenants or selling a house for you. Although a power of attorney is often used for these reasons, this is not all you can do with this document.
How Long Will my Power of Attorney be Valid?
Unless you specify otherwise, your power of attorney will remain in effect until the specified matters are fully resolved or you revoke the declaration with a Revocation of Power of Attorney form. To completely revoke the power of attorney though you will need to attach the original power of attorney with "REVOKE" written in large letters at the center top. You will also need to sign and date the bottom of the form, attach this to your Revocation of Power of Attorney and send it to your "agent". Don't forget to sign and date the bottom of the revocation of power of attorney too.
Do I need an attorney?
No, an attorney is not required in order for a Power of Attorney to be legal and valid. The process is not difficult and does not require an attorney but it does usually require the signature of a notary and two witnesses, depending on which state you are in. Some states only require the signatures of two witnesses for a power of attorney to be properly signed (executed).
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