Uniform Statutory Form Power of Attorney

Please Share

Uniform Statutory Form Power of Attorney Uniform Statutory Form Power

of Attorney (California Probate Code Section 4401) 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 documentdoes 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. The powers you

give your agent will continue to exist for your entire lifetime, unlessyou state that

the durable power of attorney will last for a shorter period of time or unless you

otherwise terminate the durable power of attorney. The powers you give your agent

in this durable power of attorney will continue to exist even if you can no longer make

your own decisions respecting the management of your property. You can amend or

change this durable power of attorney only by executing a new durable power of

attorney or by executing an amendment through the same formalities as an original.

You have the right to revoke or terminate this durable power of attorney at any time,

so long as you are competent. This durable power of attorney must be dated and

must be acknowledged before a notary public or signed by two witnesses. If it is signed

by two witnesses, they must witness either (1) the signing of the power of attorney or (2)

the principal’s signing or acknowledgment of his or her signature. A durable power of

attorney that may affect real property should be acknowledged before a notary public

so that it may easily be recorded. You should read this durable power of attorney carefully.

When effective, this durable power of attorney will give your agent the right to deal with

property that you now have or might acquire in the future. The durable power of attorney

is important to you. If you do not understand the durable power of attorney, or any

provision of it, then you should obtain the assistance of an attorney or other qualified

person.

Notice to Person Accepting the Appointment as Attorney-in-Fact By acting or agreeing to

act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary

and other legal responsibilities of an agent. These responsibilities include:

1. The legal duty to act solely in the interest of the principal and to avoid conflicts of

interest. 2.The legal duty to keep the principal’s property separate and distinct from any other property owned or controlled by you. You may not transfer the principal’s property to yourself without full and adequate consideration or accept a gift of the principal’s property unless this power of attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal’s property. If you transfer the principal’s property to yourself without specific authorization in the power of attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse under Penal Code Section 368. In addition to criminal prosecution, you may also be sued in civil court. I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the agent (attorney-in-fact) under the terms of this power of attorney.

Date: _________________________________

(Signature of agent) __________________________________________________

(Print name of agent) _________________________________________________

NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND

SWEEPING.

THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF

ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400–4465). IF YOU

HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL

ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL

AND OTHER HEALTHCARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER

OF ATTORNEY IF YOU LATER WISH TO DO SO.

I, _____________________________________________________________________

(your name and address) appoint ___________________________________________

(name and address of the person appointed, or of each person appointed

if you want to designate more than one) as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects: TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND IGNORE THE

LINES IN FRONT OF THE OTHER POWERS. TO GRANT ONE OR MORE, BUT

FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT

OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT

INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.

__________ (A) Real property transactions.

__________ (B) Tangible personal property transactions.

__________ (C) Stock and bond transactions.

__________ (D) Commodity and option transactions.

__________ (E) Banking and other financial institution transactions.

__________ (F) Business operating transactions.

__________ (G) Insurance and annuity transactions.

__________ (H) Estate, trust, and other beneficiary transactions.

__________ (I) Claims and litigation.

__________ (J) Personal and family maintenance.

__________ (K) Benefits from social security, medicare, medicaid, or other

governmental programs, or civil or military service.

__________ (L) Retirement plan transactions.

__________ (M) Tax matters.

__________ (N) ALL OF THE POWERS LISTED ABOVE.

YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N). SPECIAL

INSTRUCTIONS: ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL

INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR

AGENT.

______________________________________________________________

UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS

EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. This power

of attorney will continue to be effective even though I become incapacitated.

STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF

ATTORNEY TO CONTINUE IF YOU BECOME INCAPACITATED. EXERCISE OF

POWER OF ATTORNEY WHERE MORE THAN ONE AGENT DESIGNATED.

If I have designated more than one agent, the agents are to act _________________.

IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE ABLE TO ACT ALONE WITHOUT THE OTHER AGENT JOINING, WRITE THE WORD “SEPARATELY” IN THE BLANK SPACE ABOVE. IF YOU DO NOT INSERT ANY WORD IN THE BLANK SPACE, OR IF YOU INSERT THE WORD “JOINTLY,” THEN ALL OF YOUR AGENTS MUST ACT OR SIGN TOGETHER. I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.

Signed this __________ day

of ________________________________________

(your signature) ________________________________________

(your Social Security number) State of ________________________,

County of _________________________,

BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES

THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC State of California County of ________________________

On ________________________ before me, (here insert name and title of the officer),

personally appeared____________________________________________________,

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true andcorrect. WITNESS my hand and official seal.

Signature __________________________________ (Seal)

Tiny URL for this post:
 

Please Share
JUST RELEASED “The Family Guide To Aging Parents”
Stack Of CashCheck out our latest website: AgingInvestor.com click HERE to learn more
FREE Report: “One Critical Step You Must Take To Avoid Your Aging Parents Debts”
CLICK on the image Below
Testimonials by our readers
"Thank you for the article on the "grey area". It validated what I am currently going through with my Mother. It is so painful for me to go back and forth with her behavior. I just don't know what to do about the estranged sister who has exploited well over $50K of my mother's savings and my Mothers admitted " lack of "will power" to say no to her." Robert ________________________________ "I do want to thank you for the Webinar you offered. It helped me a great deal as I was facing the need to lead our family in finding a safe living situation for our mother. That information and the other information you offered as downloads gave me much needed guidance when I was feeling tremendous anxiety and uncertainty." Betty
FREE Report: 10 Warning Signs Your Aging Parent Needs Help With Money
Get Quick Tips – Newsletter FREE…. Just CLICK Below
Categories
Archives
  • Could This Happen To Your Aging Parent: Getting Dumped From a Nursing Home? November 7, 2017
    If you have an aging loved one who ever has to go to a nursing home, beware of a nasty practice in which some of these facilities engage. It is disgusting to think that a nursing home will not only…Read more ›
    Mikol Davis
  • Natural Disasters and Aging Parents October 12, 2017
    Natural Disasters and Aging Parents Hurricanes, flooding, wildfires, and earthquakes have all struck families this year. Sometimes your aging parent or other loved one is displaced and adult children must suddenly take them in. If your family member was in…Read more ›
    Mikol Davis
  • What To Do When Medicare Screws Up Your Aging Parent’s Bill August 21, 2017
    Most of our aging parents receive Medicare, which is supposed to pay “covered medical costs”. And for the most part, it does. But then there are the mistakes. Are your aging parents helpless when Medicare refuses to pay for something that…Read more ›
    Mikol Davis
  • Nip A Predator’s Scheme In The Bud — Stop Your Aging Parent From Becoming Prey July 12, 2017
    Rhonda is a 91-year-old widow and lives independently. She has a few million in investments and has planned well for retirement. Her two sons are busy and leave her to make decisions about her money independently. What Rhonda’s sons didn’t…Read more ›
    Mikol Davis
FREE Report: Mental Wellness Technique For Stress Relief