A California statutory power of attorney is a form issued by the State of CA that authorizes a person (the agent) to handle financial matters and make decisions in another person's (the principal's) name. This document is effective immediately and is considered durable unless stated otherwise.
Effective July 1, 2015, Act 95 of 2014 made all powers of attorney, regardless of whether they were executed before or after the effective date of Act 95, subject to the list of duties imposed upon agents by the Uniform Power of Attorney Act.
In Virginia, your power of attorney is automatically durable (meaning that it remains effective after your incapacitation) unless the document explicitly states otherwise. (Va. Code § 64.2-1602.)
A POA used for real estate purposes may need to be recorded: Virginia Code § 64.2- 1603 provides that “in order to be recordable [a POA] shall satisfy the requirements of § 55-106.” Recordation requirements as set forth in Virginia Code § 17.1-223 may require the surnames of the Principal and Agent be capitalized and ...
Enduring power of attorney (EPA) was in place from 1985 until it was replaced by the LPA on October 1, 2007. EPAs only cover decisions about property and finances, not health or welfare decisions. If you have a valid enduring power of attorney that was created before October 1, 2007, it can still be used.
You are able to file a copy of your POA with the Orphan's Court Division of the Court of Common Pleas, but it is not required. If your POA will include the authority to make decisions about real estate transactions, you can also record it in your county's office for recording deeds.
THE NOTARY'S POWERS - Virginia notaries may notarize powers of attorney and wills. - Virginia notaries are not authorized to certify true copies of birth, death, or marriage certificates.
You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself – for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.
A person given power of attorney over a property cannot sell the asset unless there is a specific provision giving him the power, the Supreme Court has held in a judgment.
If you're aged 18 or older and have the mental ability to make financial, property and medical decisions for yourself, you can arrange for someone else to make these decisions for you in the future. This legal authority is called "lasting power of attorney".
Irrevocable Power of Attorney At Last, the power of attorney becomes invalid after the death of the person who is granting the power. Also, the power of attorney becomes insolvent if the agent dies, files bankruptcy, or becomes incapacitated.