Power of Attorney in California: Guide and Requirements
California allows different kinds of powers of attorney.
Many, or all, of the products featured on this page are from our advertising partners who compensate us when you take certain actions on our website or click to take an action on their website. However, this does not influence our evaluations. Our opinions are our own. Here is a list of our partners and here's how we make money.
The investing information provided on this page is for educational purposes only. NerdWallet, Inc. does not offer advisory or brokerage services, nor does it recommend or advise investors to buy or sell particular stocks, securities or other investments.
Updated · 1 min read
Written by
Contributing Writer 
Edited by
Editor & Content Strategist 
A power of attorney, or POA, in California is a legal document that allows you (the “principal”) to appoint another person (called an “agent” or “attorney-in-fact”) to make medical or financial decisions on your behalf.
In order to create a power of attorney that’s valid in California, it must meet these basic requirements:
- You (the principal) must be at least 18 years old.
- You (the principal) must have mental capacity, which means you can fully understand your POA and its consequences.
- Your agent(s) must also be at least 18 years old and have mental capacity.
- Your POA needs to be signed in the presence of a notary public, or it needs to be signed by two competent witnesses .
- If your POA gives your agent authority to take care of real estate transactions for you, you have to have the POA notarized.
- If you live in a nursing home and create a medical POA, it needs to be witnessed by an ombudsman or patient advocate (this is in addition to the notary or can count as one of your two witnesses) .
» Need help? Search for a financial advisor near you
Types of powers of attorney in California
There are a variety of options for a California power of attorney.
- Advance health care directive: This document is a combination of a classic medical POA, which allows your agent to make health care decisions on your behalf if you become unable to do so yourself, and a living will, which details your wishes and preferences regarding your medical treatment. You can’t use your agent, health care provider, health care provider’s employee, or anyone employed by a residential or community care facility as your witness.
- Financial POA: This type of POA gives your agent the power to take care of your business or financial affairs.
- Durable POA: If your power of attorney is durable, this means it remains effective even if you (the principal) become incapacitated and unable to make your own decisions. For a POA to be durable in California it needs to contain the words, “This power of attorney shall not be affected by subsequent incapacity of the principal,” or a similar statement .
- General POA: This type of financial power of attorney gives your agent broad authority to manage your financial and business affairs (but not your medical affairs). Unless it is made durable, it terminates if you become incapacitated.
- Limited POA: This type of financial power of attorney gives your agent authority only over specific areas and/or only for a limited time period. For example, you might grant your agent the power to pay your bills while you’re traveling abroad, sell or buy a piece of real estate, or file your tax return for you.
- Vehicle POA: This type of limited financial POA allows your agent to represent you in all transactions involving the Department of Motor Vehicles.
- Springing POA: A springing power of attorney only becomes effective if and when specified conditions are met, such as the principal becoming incapacitated or a beneficiary coming of age. A medical POA is “springing” because it only activates if you can no longer make medical decisions for yourself.
How to get a power of attorney in California
Here’s what you need to do to create a valid power of attorney in California:
- Decide which type of power of attorney you need for your situation.
- Decide exactly which types of authority you’d like to grant your agent.
- Choose an agent (or agents) that you trust.
- Obtain the proper POA form from an estate planning attorney, through online estate planning software, or by downloading forms from the state, where available.
- Fill out your form carefully and sign it in the presence of required witnesses or notary public.
- Give a copy of the form to your agent.
- If your POA involves real estate transactions, file a copy with your land records office. In California, this is called the Office of the County Clerk-Recorder . Additionally, consider giving a copy to your financial institutions or medical providers.
- Store your POA in a safe place and update it as needed.
What are the power of attorney requirements in my state?
See the requirements for creating a valid power of attorney in these states:
Frequently Asked Questions
When will my California power of attorney take effect?
That’s up to you. You can design your POA to become effective immediately upon signing, at some future specified date, or only if you become incapacitated.
When will my California power of attorney end?
That’s also up to you. You can set an expiration date or conditions for its termination. If your power of attorney is durable, it remains in effect until you die, unless one of the following happens: you revoke it, a court revokes it, or no agent is available.
Can my agent represent me in matters related to my taxes?
If you need someone to represent you in matters with the California Tax Services Center (including filing your taxes), you can create an Individual or Fiduciary POA .
If I’ve granted my agent access to my accounts, can my agent just take my assets for themself?
No. It’s against the law for your agent to take any of your assets unless you specifically gift them to your agent. And if you’re older than 65, your agent could be charged with elder abuse for taking any of your property without your authorization .
Can my agent make any changes to my last will and testament?
No. Your agent is allowed to do many things for you in California, but they can’t make or change your will, or establish a trust for you.
Article sources
NerdWallet writers are subject matter authorities who use primary,
trustworthy sources to inform their work, including peer-reviewed
studies, government websites, academic research and interviews with
industry experts. All content is fact-checked for accuracy, timeliness
and relevance. You can learn more about NerdWallet's high
standards for journalism by reading our
editorial guidelines.
- 1. California State Legislature. California Probate Code. Accessed Dec 5, 2025.
- 2. Superior Court of California . Health Care Decisions. Accessed Dec 5, 2025.
- 3. Orange County Superior Court. Power of Attorney. Accessed Dec 5, 2025.
- 4. County of Santa Clara Office of the County Clerk-Record. In-Person Services. Accessed Dec 5, 2025.
Compare online will makers
Advertisement| Company |
Nerdwallet
Rating |
Price
(one-time) |
Price
(annual) |
Access to
attorney support |
|---|---|---|---|---|
| Ease of use  Trust & Will - Will on Trust & Will's website | Will: one-time fee of $199 per individual or $299 for couples. Trust: one-time fee of $499 per individual or $599 for couples. | $19 annual membership fee. | Yes | |
| Digital Assets  GoodTrust on GoodTrust's website | $149 for estate plan bundle. Promotion: NerdWallet users can save up to $10. | $39 | No | |
| State-specific legal advice  LegalZoom - Last Will on LegalZoom's website | Will: $99 for Basic, $249 for Premium with attorney assist. Trust: $399 for Basic, $549 for Premium with attorney assist. | $199 per year for attorney assistance after the first year. | Yes | |
| Comprehensive services  Nolo’s Quicken WillMaker - WillMaker on Nolo's website | $109 to $219 | $39 per year to make changes after the first year | No |
AD Advertisement
Get matched to a financial advisor for free with NerdWallet Advisors Match. Find an advisor for free
AD Advertisement
Get matched to a financial advisor for free with NerdWallet Advisors Match. Get started
AD Advertisement