California Limited Power of Attorney Form
A California limited power of attorney is a three (3) page legal document that is used when a party known as the principal wants to grant decision-making powers to an agent (“attorney-in-fact”) in a limited capacity. Without specifying exactly what the agent can and can’t do, the decision-making powers granted to an agent may be more expansive than the principal initially thought. This is why many people choose to use a limited power of attorney, instead of a general form.
A limited power of attorney gives an agent power for a short duration so that they can act in a principal’s place. The assigned tasks are variable and depending on the needs of the principal. Duties can be as simple as picking up the mail or as complex as selling real estate.
The agent can only use their power to complete the tasks that are outlined in the contract. If the principal feels that the agent is not complying, they can revoke the document using a California revocation form (§ 4120). A limited power of attorney differs from the durable and medical types as it ends if the principal becomes mentally disabled or passes away.
It is important for the person writing the form to be as specific as possible. Being precise limits the agent on what they can or cannot do. The principal can also protect themselves by setting an expiration so that the agent no longer has power after that time.
Signing Requirements (§ 4121(c)): Must be witnessed by two (2) witnesses or acknowledged before a Notary Public.