Question: Can I Grant the Power of Attorney to my Orange County Small Business Corporation?

Answer: Yes, though there are a number of things to consider when doing this.

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If you are a small business corporation in Orange County California, we believe it would be smart for you to have a specialist attorney, a Small Business Attorney actually located in Orange County who is easy to get to and who specializes generally in small businesses, to draw up, or at a minimum, review the power before it is signed.

In some cases, we have seen small businesses in Orange County California choose simply to write a power of attorney using a form acquired at a stationery store. As this process essentially permits someone “a corporation” in this instance, to step into your shoes and make important business legal decisions for you, you would be wise to make sure that you get this done right and are aware of all the issues that may arise.

Further, the engagement of an attorney is in fact crucial for the principal to obtain all of the desired benefits of the durable power of attorney in the first place. An attorney must be willing and able to act on the principal’s behalf.  For this reason, as well it is generally for the attorney to be located close to the corporation’s main offices in Orange County.  At the very least they should be in the same state as the principle.  Not doing this is likely to create difficulties in the future so when choosing a corporate entity, this is, therefore, a decision to make very carefully.

The written document by which one person permits another person to act as their agent is generally referred to as “durable power of attorney”. The person who confers this authority is called the “principal” [Code § 4026 California Probate] and the person on whom the authority is conferred is referred to as the “attorney in fact” [Code § 4014 California Probate]. This is notwithstanding (or as a result of) the first person’s subsequent incapacity.

A trust company or bank may be an alternative to an Orange County Small Business Attorney (possibly one that has also contracted to serve as trustee under a trust created by you) may in some cases be appropriate to act as attorney in fact under a durable power of attorney.  Many banks serving small businesses in Orange County have specialists trust departments with officers trained and experienced in advising small business corporations.  They may be willing to also provide additional guidance at the time the specific powers are drafted.

Whatever you do we recommend engaging a specialist who is local and experienced in working with small business corporations.

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www.IncorporationAttorney.com and www.CorporateRecordsProgram.com are service-specific centers for Gale & Vallance, an Orange County-based law firm. Our practice, specializing in working with small businesses in California has many years of experience helping our clients to incorporate and protect their assets.

Are you a small business owner and need help or simply have a question?

Call +1 (714) 634-4838 or complete a simple Small Business Contact Request for a free initial consultation.

Written by Andrew Gale, Attorney at Law, you can find him on Yelp and Avvo.

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