California POA question

[LAWoman]

What is the name of your state (only U.S. law)?
California

I would be ever so grateful for some assistance with these questions. My elderly mother wants to revoke a POA and name a new person. Her POA will stipulate that the Agent can only act in the event of her incapacitation. She asked me to help with typing up the form and I see some areas that I feel need clarification.

1. Does the new Agent have to sign the POA? I have seen forms that require the Agent's signature and some that do not. (There is no issue with having the new Agent sign the form, but I guess I am wondering if that has to be done in the presence of the witnesses/notary, or whether it's only my mother's signature that needs to be witnessed.)

2. Apparently her current POA document includes language like this in the section where she names the POA: "I appoint John Doe, address, or if John Doe is unwilling or unable to act, I appoint Jane Doe, address, or if Jane Doe is unwilling or unable to act, I appoint Mary Smith." Is that appropriate? If the answer to question #1 above is "yes," does that mean all 3 Agents need to sign the new POA?

3. I understand that the revoked Agent needs to be notified. In this case, the to-be-revoked Agent lives in a gated community and is refusing contact with my mother. She has his address. Will mailing him a certified letter (something he needs to sign for) satisfy the notification obligation? What if he refuses to accept a letter from her... can she just use something like the post office's delivery confirmation? Do Jane Doe and Mary Smith (see language above) also need to be notified before the new POA can take effect?

That's all I can think of for now. If you can help me out with these technical details, thanks in advance!

[tecate]

1. No

2. Yes

3. Who has the original of the DPA? Look at Probate Code Section 4307. Did your mother ever give him a copy? Does he know he is the agent? It may turn out that your mother need do nothing.

[LAWoman]

Thanks! Yes, he knows he is the current Agent. His attorney at that time drafted the original document (and other docs, too). My mother has an original. He probably has an original, too.

[LAWoman]

So, can anyone answer me about the revocation notification requirements? Is it enough for her to send him a letter - how much proof of delivery/receipt is needed, if any?