FAQS - POWER OF ATTORNEY
- What is the difference between a general Power of Attorney
and a durable Power of Attorney?
A general Power of Attorney terminates upon the member becoming mentally incapacitated. A durable Power of Attorney remains in effect even if the member becomes mentally incapacitated. Both instruments terminate upon the member's death. (6-27-08)
- Why is LACERA's Power of Attorney called a Special Durable
Power of Attorney?
Special refers to the fact it can only be used for LACERA retirement matters. (6-27-08)
- Does LACERA accept Power of Attorney designations that
are not on the LACERA form?
Yes. However, the main advantage in executing the LACERA Special Durable Power of Attorney is that it contains the durable clause and specifically shows your intent to have your Attorney-In-Fact conduct your retirement business with us. (6-27-08)
- Does LACERA charge a fee for the Power of Attorney service?
No. (6-27-08)
- Can I still handle my own retirement affairs with a Power
of Attorney on file?
Yes. With any type of Power of Attorney form on file, you may still take care of your own retirement affairs. If you become too ill to handle your own affairs, your designee will be able to handle them for you if you have executed a durable Power of Attorney. (6-27-08)
- When should I send my Power of Attorney to LACERA?
You can send in your Power of Attorney form once it is completed or your Attorney-In-Fact may send it to us when the need first arises to transact business on your behalf. You do not have to file your Power of Attorney with LACERA before it is necessary to use it.
TIP: LACERA recommends you keep your completed Power of Attorney form where it is accessible to your Attorney-In-Fact. This can ease distress for you and your family if there comes a time when you are not able to handle your own retirement affairs. We advise keeping a photocopy of the original form for your records. (6-27-08)
- Can I use the LACERA Special Durable Power of Attorney
to appoint an administrator of my estate prior to my death?
No. You cannot use the LACERA Special Durable Power of Attorney to appoint an administrator of your estate prior to your death. (6-27-08)
- Would it be practical to have my spouse or domestic partner
(my named beneficiary) execute the LACERA Special Durable Power
of Attorney form?
Yes. It would be a good idea to have your spouse or domestic partner (named beneficiary) execute the LACERA Special Durable Power of Attorney form. (6-27-08)
- Can I terminate my LACERA Special Durable Power of Attorney?
Yes, as long as you are still competent and you submit written notification to LACERA directing the document to be revoked or terminated. (6-27-08)
- Can I execute the Special Durable Power of Attorney outside
of California?
Yes, as long as it is properly notarized or witnessed as required on the form. (6-27-08)
- Can I use my California Power of Attorney for Healthcare
for LACERA retirement matters?
No. That document applies to healthcare matters only. (6-27-08)
- Why does Section 6: Notice to Person Executing This Document
on the LACERA Power of Attorney form seem to contradict information
in the brochure?
California Probate Code §4128 requires the warning in Section 6 to be included on all pre-printed Power of Attorney forms that may extend authority to the Attorney-In-Fact beyond the time in which an individual becomes disabled or incapacitated.
NOTE: The information in the brochure is accurate as it applies to LACERA's Special Durable Power of Attorney; LACERA's Special Durable Power of Attorney only deals with your retirement benefits and does not cover your real or personal property. (6-27-08)
- How can I change my Power of Attorney?
If you want to change your Power of Attorney:
- Complete a new Power of Attorney form reflecting the changes you wish to make.
- Inform everyone who has a copy of your previous Power of Attorney that it is no longer valid. Ask them to return copies of the outdated form to you so you can destroy them.
- Give copies of your updated Power of Attorney to the people who may need them to carry out your wishes. (6-27-08)
- If I designate my spouse or domestic partner as my Attorney-in-Fact
and I become incapacitated, what actions is he or she permitted
to take on my behalf?
If your spouse or domestic partner is your Attorney-in-Fact, he or she is permitted to:
- Elect any retirement option on your behalf, including the Unmodified Option or Unmodified+Plus Option
- Designate any beneficiary(ies) on your behalf, including your minor child(ren)
- Make address changes
- Make tax withholding elections
- Access information regarding your benefit payments
- Endorse checks (6-27-08)
- If I designate a non-neutral person as my Attorney-in-Fact
and I become incapacitated, what actions is he or she permitted
to take on my behalf?
If your Attorney-in-Fact is your child, grandchild, or other blood relative, or is related to you through marriage, or is a named beneficiary, he or she is permitted to:
- Elect either the Unmodified Option or Unmodified+Option on your behalf
- Designate your minor child(ren) as your beneficiary(ies)
- Make address changes
- Make tax withholding elections
- Access information regarding your benefit payments
- Endorse checks (6-27-08)
- If I designate a neutral person as my Attorney-in-Fact
and I become incapacitated, what actions is he or she permitted
to take on my behalf?
If your Attorney-in-Fact is not related to you and not your beneficiary, he or she is permitted to:
- Elect any retirement benefit option on your behalf, provided he or she does not benefit from it
- Designate any beneficiary your behalf, provided he or she does not benefit from it
- Make address changes
- Make tax withholding elections
- Access information regarding your benefit payments
- Endorse check (6-27-08)
11/10/11