Legal Question in Business Law in California
does a power of attorney letter need to be drawn by an attorney?
2 Answers from Attorneys
No. Indeed, there is a statutory form Power of Attorney (see Probate Code sections 4400 - 4409) that is readily copied and frequently used, both by attorneys and non-attorneys. However, it doesn't fit all situations and has various boxes to be checked and blanks to be initialed or filled in, suggesting that some knowledge of what you're doing will help prevent costly mistakes.
No, but a lawyer is much more likely to do the job correctly. If you try to do it yourself, you may later discover that you made significant mistakes. Mr. Whipple is right that the statutory form is usually a good starting point. As he notes, though, in many situations it has to be adapted. A lawyer will be better able than most laypeople to do that work.
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