California Durable Power Of Attorney For Finances – California attorney forms are legal documents that a person uses to hire an attorney—in fact to manage their finances, health care, real estate, taxes, or other important matters. Each form of power of attorney listed below serves a different purpose and has a slightly unique process for determining its validity. The attorney-in-fact appointed by the principal (the person who executes the POA form) will be authorized to perform certain duties and responsibilities as directed by the principal. They are bound by power of attorney to act with the principal’s best interests and must always perform their duties within the limits of the law.
Advance Directive – Includes a medical power of attorney section and a directive section for health professionals (living will).
California Durable Power Of Attorney For Finances
Durable Power of Attorney – Contracts an agent to act on behalf of the principal and does not expire if the principal is unable to perform the work.
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General Power of Attorney (non-durable) – Authorizes the attorney-in-fact to handle certain financial tasks of the principal; this document becomes void if the principal becomes incapacitated.
Limited Power of Attorney – A document used to give the attorney-in-fact instructions to manage one (1) or more tasks on behalf of the principal (usually related to business or property responsibilities).
Motor Vehicle (REG 260) Power of Attorney – Authorizes a designated agent to complete the process of transferring ownership of the principal’s vehicle to another person.
Minor (Child) Power of Attorney – Used by parents/guardians to temporarily transfer parenting duties to a trusted attorney.
What Is A Durable Power Of Attorney?
Real Estate Power of Attorney – This form is used to give an attorney-in-fact (such as a realtor) the power to handle real estate transactions and other related matters.
Tax (Form 3520-PIT) Power of Attorney – Used to appoint a trusted representative (such as a CPA) to handle all or part of an individual’s tax filing.
Definition of “Durable” “Durable power of attorney” means a power of attorney that satisfies the durability requirements set forth in Section 4124 (§ 4018). Definition of Power of Attorney “Power of attorney” means a written instrument, however written, executed by a natural person capable of contracting and effectively authorizing an attorney. A power of attorney may be durable or irrevocable (CA Prob. Code § 4022). Signature Requirements
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The principal is expected to have his signature approved in public. The agent need only sign and does not require their signature to be written (CA Prob Code § 4402(c)).
(1) Principal. The party intending to call and authorize the Agent to exercise the same powers must be identified as the California Principal at the beginning of this notice. Note, the Principal must have the residential address attached to this page as well.
(2) Attorney-in-fact. An Agent or Representative who will exercise a California Principal’s authority is often referred to as an Attorney-in-Fact. This identification process requires the Attorney-in-Fact address to be entered.
(3) Power selection. A California principal may need representation in only certain matters or in all areas of life. A list of letters “A” through “M” describes each type of primary power that can be legally appointed to the Attorney-in-Fact in the State of California. To appoint an Attorney-in-Fact with one or more (but not all) of these powers, the Principal must provide express consent by initiating the appropriate line.
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(4) All Authorities are Principals. A principal can delegate all of his permissible authority at one time by starting with the last list.
(5) Principals’ Orders. The Attorney-in-Fact will be expected to recognize and carry out the purposes of the Principal at all times when exercising the delegated authority. To this end, the Principal has the option of providing a set of specific instructions or general guidance using this template directly.
(6) Multiple agents. If the Principal named more than one Attorney-in-Fact in this document or in others (ie a medical power of attorney), then it is strongly recommended that the Principal decide that the Agent should be able to act independently and write in “Separately, the Attorneys-in -Fact will be able to use the principal’s powers when making a contract.
(7) Date of Principal Signature. The date the Principal formally executes this order to become effective in the State of California is binding.
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(8) Principal Signature. The Principal’s signature is the only thing that can set this document in motion and it must be provided by a California Principal.
(10) Verification. The Principal’s signature must be notarized. Only the Clerk of Civil Licensing in the State of California can recognize the signing of this document after seeing the Principal execute this document.
It is not a permanent power of attorney (although one can be made), as it becomes non-existent if the principal cannot make decisions.
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The Principal and Agent shall establish the relationship, described in this document, by the completion of this form. Herein, the Principal shall give the Agent or Attorney-in-Fact its authority in the matters described herein. That is, for each specified Power of Attorney granted, the Attorney-in-Fact will be able to make decisions, act, and/or have the right to disclose as the Principal. A few things will need to be stated on this form.
To begin, search for the phrase “Know Everyone…” and enter the Principal’s Name in the first field available.
The paragraphs that make up this page will provide important information regarding the powers granted by this document. However, certain information will be required to explain the Principal’s intentions regarding the Principal-Agent’s Power.
Find Item G. Here, it will be necessary to state whether this document remains valid in the event that the Principal is disabled or incapacitated. If the Principal wishes the Attorney-in-Fact to retain the Power of Attorney after such an event, the number of years after the event that the Power of Attorney remains in place must be stated in the space provided in this matter. If the Principal does not wish the Attorney-in-Fact to retain authority when he or she cannot act, then strike this statement with a horizontal line.
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Look at item H, if the powers given in this form must be valid when the Principal is disabled or unable to do the work, then enter the number of years those powers and powers will remain valid in the empty space provided. If this definition is not appropriate for use in this document, strike it out.
The Agent or Attorney-at-Law given this authority must formally acknowledge and accept this responsibility. This must be done by having the Agent read the section labeled “Notice to Person Accepting Appointment as Attorney-in-Fact.” Once this task is completed, the Agent must provide the Date he signed this statement on the blank line labeled “Date.” On the line next to this the Representative must sign his name.
The Principal will also be required to provide verification, especially as documents of this nature can have a significant impact. The principal should read the report entitled “Giving and Providing.” When ready, the Date should be written in the blank space after the word “Witness…” and the Principal’s Signature should be given in the blank line below.
The area below the Principal Signature has been developed so that the Notary Public can easily recognize the document. Make sure you fill in the requested information and then provide your Signature and Seal
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Make sure you have enough copies at the County Recorder’s Office, Attorney-in-Fact, any relevant agencies, and the Principal. Keep a list of who and where this document was submitted.
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