Why it matters
If you become unable to manage your finances and have no valid power of attorney, your family may have to petition the court for a conservatorship — a public, ongoing and often expensive process. A durable power of attorney signed while you have capacity lets your chosen agent step in immediately.
Immediate or “springing”
Your power of attorney can take effect immediately or only upon incapacity. Each approach has practical trade-offs we will explain.
Keep it current
Financial institutions can be hesitant to accept very old documents. We recommend reviewing a power of attorney that is more than five years old.
See also: Advance health care directive and incapacity planning.
Common questions
Who should I choose as my agent?
Someone trustworthy, organized and willing to serve, with a named alternate. Your agent owes you fiduciary duties.
Can I revoke a power of attorney?
Yes. While you have capacity you can revoke it in writing and should notify your agent and any institutions relying on it.
Does a power of attorney work after death?
No. Authority ends at death; your trustee or executor takes over.
General information about California law, not legal advice. Laws and dollar thresholds change; confirm current rules for your situation.