Legal Question in Wills and Trusts in California
Power of Attorney in CA
I understand that in ca you can appoint an attoney in fact to sign your trust and will documents. is it true? How would you explicitly express it on the form?
2 Answers from Attorneys
Re: Power of Attorney in CA
It is on the standard Probate Code power of attorney form. But why would you want to give this power to someone? Why don't you just make a will or a trust for yourself?
Re: Power of Attorney in CA
You can delegate the power to sign estate planning documents to someone in a durable power of attorney. But, for the durable power of attorney to be valid the personing signing must have capacity (meaning they are in their right mind and no one is forcing them to sign).
If they have capacity they can also sign a will or a trust. I agree with Mr. Stone, why not take the direct route and sign the will or trust?
If your situation is more complicated and you need an attorney I would be honored to help you out.
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