How do I get power of attorney for my senior parent in California?

If you are helping a senior parent or other loved one pay for or manage their senior living expenses, it is likely that you have come into contact with the legal concept of power of attorney. And if you aren’t yet helping an older relative pay for their care, but one day plan on doing so, then it will be important for you to learn about why someone might need a power of attorney, how to create a power of attorney, and what duties and obligations are created by a grant of power of attorney. 

As we’ve covered on the blog before, at a high level power of attorney is simply the legal mechanism by which one individual (the principal) grants another individual (their agent) the power to do something on their behalf. While the laws governing power of attorney generally don’t change from state-to-state, each state controls its own rules governing power of attorney so if you or your loved one live in California, it is important to understand how the specifics of California law may affect your senior loved one’s power of attorney. While you and your senior parent should always consult a local California attorney before drafting or signing a power of attorney document, this guide will give you some helpful tips in what to look out for when helping your senior parent with a power of attorney question in California.

What is power of attorney

As always, it’s helpful to start with a high-level overview of power of attorney before diving into the specifics of California power of attorney law. At a high level power of attorney simply refers to the legal mechanism by which one individual grants a second individual the power to do something on their behalf. Power of attorney can be used to accomplish any number of tasks, both big and small. Sometimes, power of attorney will be used to accomplish a goal with a limited scope and duration, such as when an adult child is given power of attorney for the sole purpose of selling their senior parent’s house. In other instances the grant of power of attorney is used for a more open-ended purpose, such as when an adult child is making senior living and healthcare decisions for their senior parent. 

In the context of senior living, power of attorney is often used when an adult child is required to handle the medical and financial affairs of a senior parent who is incapacitated or otherwise unable to adequately handle their affairs. That being said, many families have a power of attorney document in place as a safety measure (in the case that something should happen in the future), or simply because their senior parent wants a little extra support despite still being totally fine mentally and physically.

Types of power of attorney in California

California recognizes several types of power of attorney. Before choosing what type of power of attorney is best for yourself and your loved one, it’s a good idea to consult a California attorney. A local California attorney will be able to advise you on the most appropriate type of power of attorney, as well as coach you through successfully completing all the steps for establishing power of attorney in California.

Durable power of attorney

California law recognizes a durable power of attorney, meaning that the agent’s power continues to be in effect even if the principal becomes incapacitated. This type of power of attorney is often created in case of an emergency such as a medical event, and will allow an individual to make medical and financial decisions for their senior parent should they become incapacitated. The California legislature provides instructions for how to confirm that a power of attorney is durable.

General or financial power of attorney

Known as either a general or financial power of attorney in California, this type of power of attorney would allow you to handle your senior parent’s business or financial, but not their medical, matters on their behalf. This could include things like filing their taxes, or handling the sale of a home in order to pay for senior living or senior care. If, however, you would like to make medical decisions on behalf of your senior parent you will need a medical power of attorney in California.

‍Power of attorney for health care 

As the name suggests, in California a power of attorney for health care allows you to make medical decisions on behalf of your senior parent. The default position under California law is that a power of attorney for healthcare is only in effect when the individual is incapacitated, and cases to be effective once it has been determined that the individual is no longer incapacitated. This presumption, however, can be overridden by clear language to the contrary in the power of attorney document indicating that the agent’s power’s should be in effect even when the principal is not incapacitated.

While the California state government provides a template form to use to create a power of attorney for health care, it’s always best to consult a local California lawyer when drafting or signing a power of attorney for health care.

‍Limited power of attorney

Finally, California recognizes what is known as a limited power of attorney. A limited power of attorney is used to accomplish a discrete task with a discrete scope and duration. A limited power of attorney may make sense if you senior parent needs you to accomplish a single task for them, such as selling a piece of property that is out of the state in which they live. A limited power of attorney will only confer the authority necessary to accomplish the one task envisioned by the power of attorney document.

How to get power of attorney in California

The requirements to become either a principal or an agent to a power of attorney agreement under California law are the same: you must be 18 years of age or older and have full mental capacity, meaning that you understand the nature and consequences of what you are doing by becoming either an agent or a principal under the power of attorney document.

Once the power of attorney document has been drafted, you must sign the document in front of a notary public as well as two witnesses (who also must be 18 years or older and have proper mental capacity). The witnesses must also sign and date the document. Additionally, neither witness may be the agent named in the power of attorney document, and if it is a power of attorney for health care neither witness may be either: your healthcare provider or one of their employees, or the employee of a residential community such as a senior living or retirement community. 

Finally, power of attorney documents for certain purposes will have their own specific requirements. If your senior parent is giving you the authority to manage their real estate property then the power of attorney document must be notarized. Another highly relevant requirement is that if your senior parent creates a power of attorney for health care while living in a skilled nursing facility, then one of the witnesses who signs the power of attorney must be a patient advocate or ombudsperson.

To learn more about how Sunbound can help make senior living more affordable for you or your loved one, send us an email at info@sunboundhomes.com or request more information on Sunbound. Sunbound is the best way to pay for senior living and is on a mission to make senior living affordable for everyone.