[CA] [CA] Can a power of attorney authorize me to take care of my mom’s assets?

Hello, I’m Richard, a licensed attorney. Could you confirm that you want to include future trust assets in the POA?

What state are you and your mother in? Which financial areas did the previous POA fail to cover?

In California, a properly drafted Durable Power of Attorney for Finances (POA) can cover virtually all financial and property matters, including authority over future assets, as long as the document is written broadly enough. Below are the key points that should be included:

1. Durable Authority

Make sure the POA explicitly states that it remains effective even if your mother becomes incapacitated. Common California wording includes:

“This power of attorney shall not be affected by subsequent incapacity of the principal.”

or

“This power of attorney becomes effective upon the incapacity of the principal.”

This ensures you can continue acting for her even if she is unable to manage her own affairs.

2. Broad Financial Powers

A comprehensive POA should authorize you to handle:

• Banking and investment accounts (existing and future)
• Retirement accounts and insurance matters
• Real estate transactions (buying, selling, managing, refinancing, etc.)
• Business interests and tax matters
• Government benefits (Social Security, Medi-Cal, etc.)
• Personal property, digital assets, and safe deposit boxes
• The ability to create, amend, or fund a revocable trust (if intended)

3. Future Assets and Trusts

You may include language granting authority over all current and future assets, including property that may later be placed into or distributed from a trust.

However, note:

• A POA cannot control assets already held inside a trust unless the trust names the agent as successor trustee.
• A POA can authorize you to receive or manage assets distributed to your mother from a trust.
• If you need authority to manage the trust itself, your mother must sign a trust amendment or trustee designation naming you as successor trustee.

4. Gifting and Transfers

If you may need to transfer assets—for estate planning, Medi-Cal planning, or to fund a trust—the POA must include explicit gifting authority. California law requires this to be clearly stated; otherwise, you do not have the power to make gifts on her behalf.

5. Execution Requirements

In California, a financial POA must be:

• Signed by your mother while she still has capacity (Probate Code §4121)
• Notarized (which you have already done)
• Preferably completed using the California Statutory Form Power of Attorney (Probate Code §4401), although custom durable POAs are also valid if they meet legal requirements

You may want to check whether your current notarized POA uses the statutory form or if it limits any of the powers listed above.

Unfortunately, I cannot perform document review here. I can only answer general legal questions.

You too. Best of luck.