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.
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.
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?
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 at (213) 279-3125 or (844) 88-LAFPP (52377)