Legal Question in Real Estate Law in California

California and Power Of Attorney question:

I looked at several Durable POA forms - each states only _medical_ reasons.

But I saw a legal site where it says:

"This document may be used when a person becomes mentally or physically incapacitated, or when they are absent"

So should I change the standard phrasing in Durable POA form to have it based on absence and not medical reasons?

I want - during my absence (overseas) - my son act on my behalf to sell the house together with my wife (my wife and I are on the title).

Can I just add a sentence about _absence_ as in the quote below to a standard Durable POA text - as at the top of one I filled out already -

http://winrus.com/p/power/DPOAFPaulGorodyansky.pdf

?

Thanks,

Paul


Asked on 8/10/12, 4:50 pm

2 Answers from Attorneys
Joel Selik www.SelikLaw.com

Yes you can add (do not replace) the language. In fact you can be more specific as to time. This will obviously give great power to the POA holder so exercise caution and lconsider imiting the powers to what you want and no more.

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Answered on 8/10/12, 4:54 pm
Anthony Roach Law Office of Anthony A. Roach

A durable power of attorney is "durable" because it survives incapacity of the principal who grants the power of attorney. In other words, when you give the power of attorney to your son, and you are overseas, if something happens to you, the power of attorney will not be automatically revoked by your incapacity.

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Answered on 8/10/12, 5:25 pm


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