shasta county how to file durable power of attorney

by Everardo Rath 4 min read

How do you make a power of attorney durable in California?

Get your Shasta County Special Durable Power of Attorney for the Purchase of Property form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting ...

Where can I find a power of attorney in California?

May 18, 2018 · After yiou file probate in Shasta County you may need to have assets appraised in the probate proceeding. If so, you will need to contact the probate referee assigned to serve Shasta County. The information for the Shasta County Probate Referee is as follows: Susan L. “Suzy” Jeffers. P.O. Box 994761.

What are the different types of power of attorney in California?

Information Sheet on Waiver of Superior Court Fees and Costs. FW-001. Request to Waiver Court Fees (Ward or Conservatee) FW-003. Order on Court Fee Waiver (Superior Court) (Ward or Conservatee) Findings and Order After Hearing. Note: Please refer to the Civil Schedule for filing fee information. Form Name. Form Title.

How do I find a small claims attorney in Shasta County?

Due to high levels of community transmission of COVID-19, the County of Shasta is currently limiting in-person services. Many services are readily available on the County website. Please click on the appropriate department from the menu below to check if you can conduct your business online.

How do I file a durable power of attorney in California?

How to Get a Power of Attorney for a Sick Parent in CaliforniaTalk to Your Parent. Your parent must be mentally competent to make his or her own decisions. ... Gather the paperwork. ... Fill out the paperwork (Do not sign yet!) ... Meet with a Notary to Sign. ... File the Form Appropriately.May 24, 2019

Does a durable power of attorney need to be recorded in California?

Powers of attorney concerning real property must be acknowledged (notarized). There is no statutory requirement that the power of attorney be recorded with the County Recorder in the county where the real property is located.

Does a durable power of attorney need to be notarized in California?

Yes, California law requires that the Durable Power of Attorney must be notarized or signed by at least two witnesses. In California, a principal cannot act as one of the witnesses.

Can I write my own power of attorney in California?

A California POA can only be created by a principal who is 18 years of age or older. The principal must also have the legal capacity to enter into a contract. A general or limited POA must be signed by the principal and two witnesses or a notary.

How do I notarize a power of attorney in California?

Complete your journal entry (when notarizing a power of attorney document in California, Notaries are required by law to take the signer's thumbprint for the journal entry); Make a commonsense judgment that the signer is willing and aware; If an acknowledgment, have the signer acknowledge their signature.Sep 25, 2014

What three decisions Cannot be made by a legal power of attorney?

Are there any decisions I could not give an attorney power to decide? 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.

Can I do power of attorney myself?

Some types of power of attorney also give the attorney the legal power to make a decision on behalf of someone else such as where they should live or whether they should see a doctor. In order to make a power of attorney, you must be capable of making decisions for yourself.

Does power of attorney need to be recorded?

A Power of Attorney, like a Trust, does not need to be registered or recorded in the public records in order to be effective. It does have to be in writing, signed, witnessed and notarized.Apr 22, 2011

Can family members witness a power of attorney?

An attorney's signature must also be witnessed by someone aged 18 or older but can't be the donor. Attorney's can witness each other's signature, and your certificate provider can be a witness for the donor and attorneys.Aug 26, 2021

Do you need a lawyer for power of attorney in California?

You do not need a lawyer to get or create a power of attorney in California. A power of attorney is a document giving another person (named your “agent”) the right to act in your name (wherein you are the “principal”) within the scope and limitations set by the document.Sep 19, 2020

How do I get a durable power of attorney?

To create a legally valid durable power of attorney, all you need to do is properly complete and sign a fill-in-the-blanks form that's a few pages long. Some states have their own forms, but it's not mandatory that you use them. Some banks and brokerage companies have their own durable power of attorney forms.

How much does it cost to get a power of attorney in California?

A power of attorney can be created without legal assistance and almost free of charge. In fact, one can find a free POA form online and simply print it and fill it out. One can also have a POA created online for as little as $35.

Important Money Saving Tip!

The average house value in Shasta County is $246,283 and values are expected to increase about 2.3% within the next year. Probate attorneys charge statutory fees based on the gross value of the estate, starting at 4%, on a tiered scale.

Shasta County Probate Rules

Every county in California has their own court rules and regulations. You can view and/or download the Shasta County Probate Rules here. Pay particular attention to Section 15 which covers rules unique to Shasta County probates covering the following topics pertinent to probate cases filed in Shasta County including:

Adjudicated Newspapers for Shasta County

Contact the Shasta County Superior court clerk for a current list of adjudicated newspapers approved for the required probate publication process.

Shasta County Probate Examiner

When you file probate in Shasta County you can view tentative rulings on the court’s website. Be aware that the court also posts tentative decisions outside of the court department on the day of the hearing. Also, the Court publishes the tentative rulings on its website at least 12 hours before the scheduled hearing.

Shasta County Probate Referee

After yiou file probate in Shasta County you may need to have assets appraised in the probate proceeding. If so, you will need to contact the probate referee assigned to serve Shasta County. The information for the Shasta County Probate Referee is as follows:

How to Complete Probate in Shasta County

The appointed executor or family member can begin the probate process. Once appointed, the administrator or executor will be required to do an inventory and appraisal of the decedent’s estate. In some circumstances, assets may need to be liquidated to pay the decedent’s outstanding taxes and debts.

Do Not Hire an Attorney to Probate an Estate in Shasta County

Despite common belief, you do not need to hire an attorney to probate an estate in California. Most attorneys receive a statutory fee to probate an estate. The attorney will receive a percentage of the gross value of the estate as his fee. The attorney’s fee is not directly tied to the amount of effort expended in completing probate.

What is the mission of the County Counsel?

The mission of the attorneys of the County Counsel’s office is to be legal counselors in the fullest sense, providing service that is intelligent, trustworthy, and dedicated to public service.

Is the County of Shasta a custodian of records?

No. The Office of the County Counsel is not the custodian of records of the County of Shasta. You should inquire directly at the office or location where you believe the records are maintained, or contact the Clerk of the Board of Supervisors at (530) 225-5550.

What is a durable power of attorney?

A Durable Power of Attorney for finances is an inexpensive, reliable legal document. In it, you name someone who will make your financial decisions for you if you become unable to do so yourself. If you ever do become incapacitated, the Durable Power of Attorney will likely appear as a minor miracle to those who are close to you. You can give your attorney-in-fact authority to do some or all of the following: 1 Use your assets to pay for your everyday expenses and for those of your family. 2 Handle transactions with banks and other financial institutions. 3 Buy, sell, maintain, pay taxes on and mortgage real estate and other property. 4 File and pay your taxes. 5 Manage your retirement accounts. 6 Collect benefits from Social Security, Medicare or other government programs or civil or military service. 7 Invest your money in stocks, bonds and mutual funds. 8 Buy and sell insurance policies and annuities for you. 9 Operate your small business. 10 Claim or disclaim property you get from others. 11 Make gifts of your assets to organizations and individuals of your choosing. 12 Transfer property to an existing living trust. 13 Hire someone to represent you in court.

Why is a durable power of attorney important?

It’s particularly important, however, to have a Durable Power of Attorney if you fear that health problems may make it impossible for you to handle your financial matters. The main reason to create a Durable Power of Attorney for finances is to avoid court proceedings if you become incapacitated.

What happens if you don't have a power of attorney?

If you don’t have a Durable Power of Attorney, your relatives or other loved ones will have to file formal court proceedings and ask a judge to name someone to manage your financial affairs. These proceedings are commonly known as conservatorship proceedings.

How to use your assets?

Use your assets to pay for your everyday expenses and for those of your family. Handle transactions with banks and other financial institutions. Buy, sell, maintain, pay taxes on and mortgage real estate and other property. File and pay your taxes. Manage your retirement accounts.

What is a legal document assistant?

A legal document assistant can prepare your durable power of attorney for a fraction of the cost an attorney will charge. Using a legal document assistant for this important task will ensure your durable power ...

What happens if you become incapacitated?

If you ever do become incapacitated, the Durable Power of Attorney will likely appear as a minor miracle to those who are close to you.

What is a power of attorney in California?

A power of attorney allows someone else to handle financial or healthcare matters on your behalf, and California has specific rules about types and requirements.

What is a durable POA?

In addition to the types of matters the POA covers, when the POA will become effective can also vary. Durable POA. A general or limited POA can be durable, which means it goes into effect when you sign it and remains in effect until you destroy or revoke it. Springing POA.

How old do you have to be to get a POA in California?

A California POA can only be created by a principal who is 18 years of age or older. The principal must also have the legal capacity to enter into a contract. A general or limited POA must be signed by the principal and two witnesses or a notary.

What is a POA?

A power of attorney (POA) gives someone you name the authority to handle legal or financial matters for you under specific circumstances. When you create a POA, you are called the principal, and the person you choose to act for you is called your attorney-in-fact or your agent.

How to complete a POA?

Keep the form in a safe place. Give a copy to your agent. For healthcare POAs, be sure to give a copy to your healthcare provider. Complet ing a POA gives you the peace of mind that someone can handle things for you if you are unable to do so. Ensure your loved ones and property are protected START MY ESTATE PLAN.

What is a general POA?

General POA. This is the broadest kind of POA and gives your agent the right to handle a wide variety of financial matters for you. Limited POA. This is sometimes called a specific POA. This is a very narrow POA that gives your agent the authority to act for you only in specific situations you list in the document.

What is a springing POA?

Springing POA. A general or limited POA can be written so that it takes effect only at a certain time or under certain conditions (so it "springs" into action only at that time). For example, you could create it so that it takes effect only if you are incapacitated or so that it is effective for one month.

Mission and Goals

  • The mission of the attorneys of the County Counsel’s office is to belegal counselors in the fullest sense, providing service that isintelligent, trustworthy, and dedicated to public service. The primary goals of the office are to: 1. Provide responsive legal advice and assistance to the County Board of Supervisors and our other clients to enable them to carry out their policy objec
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Management and Organization of The Office

  • Administration The office is administered by the County Counsel. Legal services areprovided by eight attorneys, including the County Counsel and AssistantCounty Counsel. The attorneys are supported by an Executive Assistantand two legal secretaries. Practice Areas Each attorney provides advice and representation in one or more ofthe following areas: 1. Transactional and G…
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Office Location

  • The County Counsel’s office is located in the Shasta CountyAdministration Center at 1450 Court Street, Suite 332, Redding,California 96001-1675. The telephone number for general reception is(530) 225-5711.
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Frequently Asked Questions

  • Does the County Counsel give legal advice to members of thepublic? No. The County Counsel, by statute, is the lawyer for the County, itsofficers and employees in their official capacity, and certain otherpublic entities. The County Counsel may not give legal advice to membersof the public. Where can I obtain legal advice or representation? There are many ways to find legal assi…
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