Help Please-Ca Power Of Attorney???

Q: My aunt suffered a stroke and is now in a coma. Being disabled for a long time she has signed a General Power of Attorney in 1989. There is no expiration date on this document. My mother (her sister) tells me that a poa is only good for one year. I hope she is wrong. Can some one please tell me yes or no, is this document still good. The document was signed in Ca and we are still in Ca. The only difference is the county as changed. I really appreciate your insights into this matter.

A: In general, a power of attorney does not expire with age. (Note that any pre-1992 HEALTH CARE power of attorney in the California form does contain an expiration 7 years later, but the form general/financial power of attorney

does not contain a similar expiration.) The question becomes whether the document itself contains an expiration, and then whether it contains any other limitation that would preclude it from being used to act on your aunt's behalf. While I think it would be generally advisable to discuss this with an attorney, as a first step I would suggest carrying the power of attorney to the bank or other office where it is going to be used, and ask whether the bank will honor the power of attorney. If they refuse to act, then it's definitely time to go talk to an attorney. If the Power of Attorney was prepared by an attorney, it may be advisible to consult with that attorney.