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Assigning power of attorney

Like most in Westminster, you no doubt value your independence. Yet an important component of planning for the future is anticipating a time when you may not be in the best position to make decisions for yourself. Whether that be due to your being incapacitated to simply not having sufficient comprehension or understanding, having another in place to assist you can be a real benefit. Many of those who have also come to this realization often ask us here at The Law Firm of Lan Quoc Nguyen & Associates wondering how they can take the first steps towards establishing power of attorney. You will be happy to know that it is a fairly simple process. 

After having selected and conferred with the individual that you would like to endow with power of attorney, your next step is to officially designate him or her as having that responsibility. According to Section 4121 of the California Probate Code, you can do this by documenting your desires in writing, being sure to include the following information: 

  • The date you wish the power of attorney to take effect
  • Your signature (or the signature of an authorized agent)
  • An acknowledgment that the document has been witnessed by a notary public

If you do not have immediate access to a notary public, the signatures of two witnesses is sufficient. These witnesses must be adults, and their signing the instrument designating power of attorney must be witnessed by you or your authorized agent. The person designated as having power of attorney cannot be a witness. 

You can designate a date on which you wish the power of attorney privilege to end; otherwise it will continue indefinitely (or until you revoke it). More details on granting power of attorney can be found here on our site. 

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