Getting Power of Attorney for a Parent in California When Your Parent Is Still Mentally Capable

If your parent is still mentally competent, the simplest way to obtain authority to act on their behalf is through a Power of Attorney (POA). California provides official forms that your parent can complete and sign, allowing them to authorize you—or someone else—to handle their legal, financial, and medical matters.

Key Documents

1. California Statutory Power of Attorney – Covers financial and legal matters.
   
2. California Advance Health Care Directive (AHCD) – Used for medical and health care decisions.
   

These forms must be signed and dated by your parent in the presence of a notary public or two adult witnesses. Once properly executed, they are legally binding and grant you the authority to manage affairs such as paying bills, selling property, or making medical choices.

Types of Power of Attorney in California

1. General vs. Durable POA

• A general POA allows the agent to handle a wide range of matters but becomes void if the parent becomes incapacitated.
  
• A durable POA remains in effect even after the parent loses mental capacity. To make a POA durable, it must contain specific language, such as: “This power of attorney shall not be affected by subsequent incapacity of the principal.”

2. Health Care POA

California does not use a separate form titled “Health Care Power of Attorney.” Instead, medical authority is granted through the Advance Health Care Directive, specifically Part 1, which names a health care agent to make medical decisions if the parent is unable to do so. Part 2 allows the parent to express wishes about treatments, life support, and organ donation.

How to Set Up Power of Attorney for a Capable Parent

Step 1: Get the Correct Forms

• Financial Matters: Use the statutory Power of Attorney form under Probate Code §4401.
  
• Medical Decisions: Use the Advance Health Care Directive form available from the California Attorney General’s website.
  

Step 2: Complete the Forms

• Fill in your parent’s information as the “principal” and your own as the “agent.”
  
• Check the boxes for the powers being granted (e.g., managing bank accounts, handling real estate).
  
• Add any custom instructions to limit or expand the agent’s powers.
  

Step 3: Make It Durable (if needed)

• To ensure the POA continues if the parent becomes incapacitated, include durability language as required under Probate Code §4124.
  

Step 4: Sign and Notarize or Witness

• The form must be signed and dated by your parent (or someone signing on their behalf in their presence).
  
• Notarization is common, but two adult witnesses (not including the agent) are also allowed under Probate Code §4121–4122.
  
• For the AHCD, you must either notarize or have it signed by two witnesses.
  

Step 5: Distribute and Use

• Give the original documents to the agent and keep copies for medical providers, banks, and government agencies (like Social Security).
  
• No court filing is needed.
  
• Keep a log of where each copy is sent, and remember that the agent must act in the best interest of the parent under Probate Code §4128.

Related article:
Power of Attorney Cost in the US, What to Expect

If Your Parent Is Incapacitated

If your parent is no longer mentally capable of signing a POA due to illness, injury, or conditions like dementia, then a court-ordered conservatorship is required.

What Is a Conservatorship?

This is a legal process in which a judge appoints someone to manage personal or financial matters for an incapacitated adult. The court may appoint:

• A conservator of the person (handles personal and health-related decisions).
  
• A conservator of the estate (manages finances and property).
  

The court will only approve this if there are no simpler alternatives, such as a valid POA.

Steps to Request Conservatorship

1. File a Petition: Use Judicial Council Form GC-310 to petition the court for appointment as a conservator.
   
2. Provide Supporting Documents:
   
   • GC-335 (Capacity Declaration) completed by a doctor.
     
   • GC-312 (Confidential Screening Form).
     
   • A list of relatives and other documents as required.
     
3. Court Hearing:
   
   • The court schedules a hearing to review the case.
     
   • A court investigator may meet with your parent.
     
   • If approved, the judge signs an Order Appointing Conservator and issues Letters of Conservatorship (Forms GC-340 and GC-350).
     
4. Court Oversight: After appointment, you must regularly report to the court and may need to file accountings.
   

Due to the complexity and long-term obligations, many people consult a probate attorney or seek help from the court’s self-help center.

Legal Highlights: California Probate Code

Section	Summary
§4121	A POA must be signed and either notarized or witnessed by two adults.
§4122	Witnesses cannot be the agent and must witness the signature or acknowledgment.
§4123	Grants broad authority, including managing assets and personal care (but not medical).
§4124	Describes durable POAs and the required language to keep them valid after incapacity.
§4128	Establishes fiduciary duties for agents, including recordkeeping and loyalty.
§4130	Covers how POAs can be revoked or challenged if abuse is suspected.

Final Thoughts

Creating a Power of Attorney in California is generally a straightforward process if your parent is competent. Using the official statutory forms ensures compliance with state law. If your parent is already incapacitated, however, you’ll need to go through the more involved conservatorship process.

Resources

• Statutory POA Form: saclaw.org
  
• Advance Health Care Directive: oag.ca.gov
  
• Conservatorship Forms and Instructions: selfhelp.courts.ca.gov
  
• Probate Code: law.justia.com