How do I execute a durable power of attorney?

Executing a durable power of attorney in California involves a few steps. First, you need to choose an agent to act on your behalf. This person, also called the “attorney-in-fact”, will have the power to make decisions on your behalf. The agent must be an adult over 18 years old who you trust to make decisions in your best interest. If there are disagreements between you and your agent, the agent’s decisions will have priority. Once you have chosen your agent, you will need to prepare the durable power of attorney document. This document must be signed and notarized by both you and your agent according to the state requirements. The document should describe the powers that you are granting to your agent. It should also specify when the power of attorney will become effective, and when it will expire. Finally, you will need to file the document with the local Probate Court. The court will review and verify the document, and if everything is found to be in order, the court will issue a certificate of appointment. Once the certificate of appointment has been issued, the durable power of attorney is considered to be “executed”. This means that your agent can now begin making decisions on your behalf in accordance with the powers that you granted to them in the documents.

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