Legal Question in Administrative Law in California

Re: Power of Attorney

Problems sometimes do arise in getting a third party, down the road, to honor even a properly-executed power of attorney. These problems seem to arise most often when one or more of the following conditions are present: (1) an unfamiliar form or format; (2) the third party is unsophisticated in the purpose and use of powers of attorney; (3) the form is from out of state or out of the country; (4) the transaction is not one where powers of attorney are often used; (5) the powers granted in the POA are vague or overbroad; or (6) the third party wants the POA to be on its form.

Often, it is a good idea, when the third party who will be asked to honor the POA is ascertainable in advance (e.g., Bank XYZ or PQR Escrow Company), to contact them in advance to determine their policy toward dealing with attorneys-in-fact.

Otherwise, use of the most widely-recognized forms is always a good idea, such as the form suggested in the Uniform Statutory Form Power of Attorney as illustrated in California Probate Code section 4401.