Uniform statutory form power of attorney vs durable power of attorney

File A Statutory Power Of Attorney

Members may want to consider filing a Power of Attorney to authorize someone to act on their behalf in the event they become incapable of doing so. The table below summarizes what a Power of Attorney is and how to file one. Before establishing a Power of Attorney, members are also encouraged to seek legal advice.

Power of Attorney (POA)

What is a Power of Attorney?

A Power of Attorney (POA) is a written instrument that you execute to grant authority to a person to act for you. That person usually is referred to as an agent or an attorney-in-fact. The POA may be durable or non-durable.

Durable POA

A durable POA must contain words showing that you intend for the authority conferred to be exercisable even after you subsequently become incapacitated. If this wording is not included, the POA is non-durable and your agent is not authorized to act on your behalf after you become incapacitated. Having a durable POA may eliminate the need for a court to appoint a conservator to manage your affairs if you become incapacitated.

Limited POA

A limited POA places limits on your agent’s authority. Your agent can only act as indicated in the document.

Uniform Statutory Form Power of Attorney (Statutory POA)

What is the Statutory POA?

The Statutory POA is a form the State of California provides in Probate Code (PC) § 4401 that can be completed as either a durable or non-durable POA. A Statutory POA is legally sufficient if all of the following conditions are met:

• The wording substantially complies with PC § 4401, and
• The form is properly completed with a date of signature, and
• The signature is acknowledged by a notary public or two adult witnesses who are not the attorney-in-fact.

A copy of the Statutory POA as enacted in the current Probate Code and PC §§ 4260, 4264 and 4400-4465 is included in the . The powers granted by the Statutory POA are broad and sweeping. Please familiarize yourself with the provisions or seek legal counsel for assistance in understanding their impact.

Submitting a POA Form to LAFPP

Why and how do I file my POA with LAFPP?

If you want your agent to act on your behalf with LAFPP, you will need to submit a copy of your POA form or a completed Power of Attorney Information Sheet in person or mail to:

Los Angeles Fire and Police Pensions
Retirement Services Section
701 East Third Street, Suite 200
Los Angeles, CA 90013

Your POA cannot be accepted until after it has been reviewed by the City Attorney because often these forms are not properly completed or are not legally sufficient for other reasons. For example, after January 1, 2012, your agent cannot create or change your survivorship benefits, such as, enroll you in the Survivor Benefits Purchase Program without your express authorization detailed in the “Special Instructions” section of the POA form. Filing your POA form with LAFPP in advance is suggested to ensure that it is legally sufficient.

After you file a POA with LAFPP and it is accepted, LAFPP will allow your agent to act on your behalf as authorized in the document. If you revoke the POA, or it is modified or terminated for any reason, LAFPP must be promptly notified.

For information on filing your POA with LAFPP, please contact the Retirement Services Section by email at or by phone at (213) 279-3125 or (844) 88-LAFPP.

(a) The following statutory form of power of attorney is legally sufficient:

STATUTORY POWER OF ATTORNEY

NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT OF 1998. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

I ________ (insert your name and address) appoint ________ (insert the name and address of the person appointed) as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects:

TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS.

TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.

TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.

INITIAL ____ (A) Real property transactions, except transactions subject to D.C. Official Code § 42-101.

____ (B) Tangible personal property transactions.

____ (C) Stock and bond transactions.

____ (D) Commodity and option transactions.

____ (E) Banking and other financial institution transactions.

____ (F) Business operating transactions.

____ (G) Insurance and annuity transactions.

____ (H) Estate, trust, and other beneficiary transactions.

____ (I) Claims and litigation.

____ (J) Personal and family maintenance.

____ (K) Benefits from social security, medicare, medicaid, or other governmental programs, or military service.

____ (L) Retirement plan transactions.

____ (M) Tax matters.

____ (N) ALL OF THE POWERS LISTED ABOVE.

YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N).

SPECIAL INSTRUCTIONS: ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT:

UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.

This power of attorney will continue to be effective even though I become disabled, incapacitated, or incompetent.

STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT.

I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party learns of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.

Signed this ____ day of ________, ____

____________

(Your Signature)

____________

(Your Social Security Number)

District of Columbia

This document was acknowledged before me on ________ (Date)

by ____________ (name of principal)

____________

(Signature of notary public)

(Seal) ___________

[My commission expires: ______ ]

BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.

(b) A statutory power of attorney is legally sufficient under this chapter if the wording of the form complies substantially with subsection (a) of this section, the form is properly completed, and the signature of the principal is acknowledged.

(c) If the line in front of line (N) of the form under subsection (a) of this section is initialed, an initial on the line in front of any other power does not limit the powers granted by line (N).