Updates
Here are summaries of important legal or procedural changes that affect the latest edition of this product.
If you want to check on the accuracy of any other information in the book, please follow the legal research
instructions in the book or in Nolo's research manual, Legal Research: How to Find and Understand the Law.
New Notarization Requirements for California
Effective date:
Jan. 1, 2008
As of January 1, 2008, the official California notarization statement changes to the following:
State of California
County of _________________
On _______________ before me, ______________________, a notary public, personally appeared ____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. Witness my hand and official seal.
Signature ________________________________
(Seal)
The change was made to combat identify theft and real estate fraud, according to the legislators who sponsored the statutory change to California Civil Code section 1185.
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California Organ and Tissue Donor Registry Now Available Online
Effective date:
Jan. 1, 2006
The California Organ and Tissue Donor Registry is up and running. In addition to using your driver's license or other methods to specify that you want to be a donor, you can register as a donor in the state’s central database. Find the registry online at www.donatelifecalifornia.org.
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Download Updated California Forms Here
Effective date:
Jan. 1, 2006
There have been minor changes to a number of the forms contained in Living Wills & Powers of Attorney for California (2nd edition). You can download current versions of the following forms by clicking the link below:
Advance Health Care Directive
Uniform Statutory Form Power of Attorney
Revocation of Durable Power of Attorney for Finances: Recorded
Revocation of Durable Power of Attorney for Finances: Unrecorded
Download cpoa_rtfs.zip
The forms will be downloaded to your computer in a ZIP archive. To expand the ZIP file, you'll need WinZip (for Windows), StuffIt Expander 5.1.3 or greater (for Macintosh), or some other ZIP-compatible decompression utility. (Both programs are free to use or evaluate.)
If you need additional help on how to download and use these files, click here.
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Springing Financial Powers of Attorney No Longer Recommended
Effective date:
Jan. 1, 2005
Many people like the idea of creating a springing durable power of attorney for finances -- that is, a document that takes effect only if one or more doctors certify that you are incapacitated and can no longer handle your financial affairs. A springing document offers a legal guarantee that your agent for finances will not -- and in fact cannot -- use the document until it’s absolutely necessary.
In most cases, however, the benefit of creating a springing power of attorney is far outweighed by the drawbacks. First, chances are good that you will trust your agent for finances so well that improper use of your power of attorney would never be a serious concern. (Indeed, you should name someone as your agent only if you have that kind of trust in him or her.) Second, springing powers of attorney can give rise to a host of administrative and practical hassles, including a potential run-in with federal law.
By now you may have heard of the Health Insurance Portability and Accountability Act, more commonly known as HIPAA. This federal law governs how and when medical providers can disclose information about their patients. Though HIPAA was not designed to cover the circumstances presented by power of attorney documents, there is a chance that a doctor could point to the law as a reason to refuse to provide your agent with a certification of your incapacity, thus preventing your power of attorney from taking effect.
Because of this and other difficulties, we strongly recommend that you prepare an immediately effective durable power of attorney for finances rather than a springing one. You can do so using Living Wills & Powers of Attorney for California.
If you are absolutely certain that you want a springing durable power of attorney for finances, we recommend that you have a knowledgeable lawyer draw up the necessary documents, including a HIPAA release form.
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