Those Fill In The Blanks -- A through N Isn't Enough.

Many notaries and office supply stores have those fill in the blank powers of attorney forms for you to complete without the advice of an attorney.  Here is a sample of the form that allows you check off letters A through N.

Sure, the form is only 2 pages long with information on both sides of the page and contains the standard powers -- banking, taxes, real property, etc.

But there are some powers that must be expressly stated or completely spelled out to be valid. And these standard fill in the blank forms either don't offer the choice or have room to completely spell out the additional powers that the California Probate Code requires to be completely spelled out. In these instances, checking the letter Q will not work.

One such power that is often omitted in a fill in the blank power of attorney, but can become very important is the power to create, modify or revoke a trust. See California Probate Code Section 4264. Further, Section 4264 lists other powers that must be specially enumerated or "expressly authorized" to be valid in a power of attorney.

For this reason, it is wise to have your power of attorney drafted by an estate planning attorney that can prepare a "long form" power of attorney to include specially enumerated powers important to make your estate plan complete.