Power of attorney is essentially when an individual has permission legally to serving and doing things for another individual in terms of lawful decisions - they essentially speak for the other individual. Simply stated in §4120 of the probate code in California, to carry out power of attorney one must meet the requirements of: any individual who possesses the ability of making agreements or settlements.
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California's Classification of Power of Attorney
What Constitutes it as Acceptable in Legal Terms? According to §4121, there are a few qualifications that are obligatory for power of attorney to be lawfully acceptable.
The document must include:
- Period of time in which the paper was completed
- The signature of the individual who is carrying out the power of attorney
- The signature of individual who is carrying out the power of attorney on individual's behalf
Also if it receives recognition from an official, referred to as "notary public", and that there are a minimum of a couple of signatures from individuals that were observers.
Who Can Be a Witness? Certain qualifications must be met for the observer who is testifying:
- Being over 18
- Attorney-in-fact cannot be the testifying observer
- Signer must be observed by the power of attorney placing signature on will
Whether the power of attorney is either lasting or short-term we can provide you with legal help as to who can qualify to carry out power of attorney and the implications. If you desire more information on this matter as well, feel free to give us a call at the Law Offices of David Shapiro.
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