[CA] [CA] For a POA does it matter where incapacitation happens?
Can the durable power of attorney be void if a principal is incapacitated outside of the United States? Or does it matter where the incapacitation occurs?
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Under California law, a durable power of attorney remains valid even if the principal is incapacitated while outside the United States, as long as the document is executed properly and in compliance with California law.
California Probate Code Section 4120 (§ 4120) states that a durable power of attorney continues to be effective despite the principal's mental incapacity. This means that the location of incapacitation does not invalidate the POA.
However, the POA’s validity and scope depend on the language used in the document, so it’s important to ensure the POA is comprehensive and properly executed.
If you're concerned about managing financial affairs and communicating with specific institutions such as financial institutions or tax professionals, it may be wise to include specific instructions in the POA.
Clearly state which institutions and individuals—such as CPAs or enrolled tax agents—are authorized to communicate with you on behalf of the principal.
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Can the durable power of attorney be void if a principal is incapacitated outside of the United States? Or does it matter where the incapacitation occurs?
I understand that you're concerned about the validity of a durable power of attorney in relation to incapacitation. Can you please share where the durable power of attorney was executed?
California
Have you already encountered a situation where the principal has become incapacitated, or is this a hypothetical scenario?
No. It's just the principal plans a long-term overseas stay and I'm worried of the POA becoming ineffective for me to handle financial affairs here in California should this occur.
Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with overseas incapacitation.
Also, can you clarify if I should write specifically which financial institution is included in the POA as Special Instructions, and in order to be authorized to communicate with a CPA or enrolled tax agent on behalf of the principal, should I include verbiage on authorized communications with tax preparers as well?
Hello and welcome. My name is Daniel, and I’ve been a licensed lawyer for more than 21 years. I’m truly sorry you’re going through this and I'm here to help.
I’ve carefully reviewed everything and prepared your answer below. Please take your time to look it over, and don’t hesitate to reach out if anything is unclear or if you have any follow-up questions. My goal is to ensure everything makes sense and that you feel confident moving forward.
Under California law, a durable power of attorney remains valid even if the principal is incapacitated while outside the United States, as long as the document is executed properly and in compliance with California law.
California Probate Code Section 4120 (§ 4120) states that a durable power of attorney continues to be effective despite the principal's mental incapacity. This means that the location of incapacitation does not invalidate the POA.
However, the POA’s validity and scope depend on the language used in the document, so it’s important to ensure the POA is comprehensive and properly executed.
If you're concerned about managing financial affairs and communicating with specific institutions such as financial institutions or tax professionals, it may be wise to include specific instructions in the POA.
Clearly state which institutions and individuals—such as CPAs or enrolled tax agents—are authorized to communicate with you on behalf of the principal.
Does all of that make sense to you?
Can you clarify if I should write specifically which financial institution is included in the POA as Special Instructions?
And in order to be authorized to communicate with a CPA or enrolled tax agent on behalf of the principal, should I include verbiage on authorized communications with tax preparers as well?
Can the durable power of attorney be void if a principal is incapacitated outside of the United States? Or does it matter where the incapacitation occurs?
It is typically handled broadly and covers topics like finances, rather than specific institutions.
Ok. How about if the incapacitation occurs outside the U.S.? Does that matter?
Still valid.
I want to make sure everything is clear and easy to understand. If you'd like me to explain anything further or have follow-up questions, just let me know. If everything makes sense and you're comfortable with the information, feel free to reply with “all set.” Thanks!
Ok. Do you know if tax preparers and CPAs will find a POA valid to assist the principal in preparing federal and state income tax return filing?
Yes, a POA covering financial matters would allow them to help with this too.
Thank you. All set.
Perfect, thank you!
Dan
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