California Durable (Statutory) Power Of Attorney Form PDF

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Durable Power Of Attorney California Form PDF Free Download

California Durable Power Of Attorney

The California durable power of attorney allows someone to authorize someone else to handle monetary decisions on their behalf.

The agreement will provide clarity in what tasks the agent will be able to undertake while clearly defining the durable nature of the legal document; that is, the fact that the powers granted to the agent will remain effective even if the principal becomes disabled or rendered otherwise incompetent.

Both principal and agent must complete the form and have their signatures authorized in front of a public notary or at least two (2) witnesses not related to the principal or agent.

Laws – Probate Code §4100-§4310

Signing Requirements – The signature must be acknowledged by a notary public or two (2) witnesses (§4121).

“Durable” Definition – §4018

How to Write

Section I. Party Information

(1)  Principal. The Party who intends to name and authorize a Representative to wield the same power he or she has must be identified as the California Principal at the beginning of this declaration.

Notice, the Principal must have his or her residential address attached to this paperwork as well.

(2) Attorney-in-Fact. The Agent or Representative who shall wield the California Principal’s authority is often referred to as the Attorney-in-Fact. 

This process of identification necessitates the Attorney-in-Fact’s address to be included.

Section II. Granting Principal Authority

(3) Power Selection. The California Principal may require representation in only specific affairs or in all areas of life.

A list lettered “A” through “M” names each type of principal power that can legally be appointed to an Attorney-in-Fact in the State of California.

To designate the Attorney-in-Fact with one or more (but not all) of these powers, the Principal must provide direct approval by initialling the appropriate line.

(4) All Principal Powers. The Principal can delegate all of his or her allowable authority in one fell swoop by initialling the last list item.

Section III. Special Instructions

(5) Principal Directives. The Attorney-in-Fact will be expected to be aware of and carry out the Principal’s intentions at all times when he or she is wielding the granted authority.

To this end, the Principal has the option to provide a set of specific instructions or even a general guideline directly using this template.

Section IV. Attorney-in-Fact Behavior

(6) Multiple Agents. If the Principal has named more than one Attorney-in-Fact in this document or in others (i.e. a medical power of attorney), then it is strongly recommended that the Principal determine if the Agent should be able to act independently write in “Separately’ otherwise, the Attorneys-in-Fact will only be able to wield principal power when in agreement.

Section V. Granting Power By Signature

(7) Principal Signature Date. The day when the Principal formally executes this directive to be active in the State of California is mandatory.

(8) Principal Signature. The signature of the Principal is the only item that can set this document in motion and must be provided by the California Principal.

(9) Location Of Execution.   

Section VI. Acknowledgment Of Notary Public

(10) Notarization. The Principal’s signature must be notarized. Only a Notary Public licensed in the State of California may notarize this document’s signing once he or she has physically observed the Principal executing this paperwork.

Notice to Person Executing Durable Power of Attorney. A durable power of attorney is an important legal document.

By signing the durable power of attorney, you are authorizing another person to act for you, the principal. Before you sign this durable power of attorney, you should know these important facts:

Your agent (attorney-in-fact) has no duty to act unless you and your agent agree otherwise in writing.

This document gives your agent the powers to manage, dispose of, sell, and convey your real and personal property, and to use your property as security if your agent borrows money on your behalf.

This document does not give your agent the power to accept or receive any of your property, in trust or otherwise, as a gift, unless you specifically authorize the agent to accept or receive a gift.

Your agent will have the right to receive reasonable payment for services provided under this durable power of attorney unless you provide otherwise in this power of attorney.

Language English
No. of Pages5
PDF Size1 MB

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Durable Power Of Attorney California Form PDF Free Download

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