Power of Attorney Form California 13
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Power of Attorney Form California 13
Power of Attorney Form California 1

Power of Attorney Form California

    Are you feeling tense lately about how to go about selecting a sound and precise power of attorney California form template? No more worries for you now because we have brought a simple, straightforward, and comprehensive power of attorney form California template to make your task easy. We also understand that it is not easy to work out with the legal language, and therefore, we have brought an expert team of legal practitioners to draft these forms. The biggest plus? It’s free!

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Power of Attorney Form California

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A power of attorney (POA) is an important document in the corporate and legal environment. In a business hub like California, this type of document is even more important. The POA essentially grants authority to another person to act on someone’s behalf in his/her absence. This would, to the most degree, solve the problem of the unavailability of the person in charge.

But how do you go about creating a California power of attorney form for yourself or your company? Consider using CocoSign’s powerful power of attorney California templates.

What is California Power of Attorney?

A power of attorney, abbreviated as POA, is a legal document that grants someone the authority to act and direct things on someone else’s behalf, usually the one responsible for carrying out the tasks.

The person who authorizes the power is known as the “Principal,” while the person to whom it is granted is called the “Agent” or “Attorney-in-fact.” With this document, the agent gains a limited or broader set of authority to act and use his authority.

A POA is not only important in your absence, but also when you’re seriously ill and after your untimely death. Without this authorization, your family, friends, and business associates might experience expensive and time-consuming delays. Since a principal can only issue POAs, there will be no way for agents to obtain one when you’re not around.

Please note that a Will will not replace a power of attorney California since it doesn’t grant authorization to carry out a task. A Will only informs about the distribution of your wealth when you’re dead, but a POA is meant for the decision made when you’re alive.

Power of attorney doesn’t refer to a single document, and there are different types you can choose from. In a section below, we’ve listed the types of POAs which you can download and use for your own business.

Following are some of the main components that must be incorporated in this form template:

    • Details of the grantor and grantee
    • Principal location
    • Revocation (details and terms)
    • Information of the powers granted, including financial, legal, and business details 
    • Applicable laws
Our Power of Attorney Form California Template: When You Need One

Our power of attorney form California template is an easy-to-fill template that saves your time, money and effort. Download and save free power of attorney form California template.

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Why Would You Use A California Power Of Attorney Form?

The main objective of a power of attorney form California is to grant someone the legal power to act on your behalf when you’re absent. A Power of Attorney document is used to establish either temporary or durable power of attorney.

Durable authority is an important component of your advance health care directives in California. By having a health care power of attorney (which is just one of the many types of POAs), you have an intrinsic durable power of attorney.

By reading this document, a healthcare professional will be able to determine what to do in your absence and with whom he/she should deal with.

But other types of POAs require the inclusion of certain words and sentences that’d ensure proper authorization to the agent to act on your behalf.

What Are The Power Of Attorney Requirements In California?

When creating a California power of attorney for yourself, you need to meet the minimum requirements as set by Californian regulation. Your legal advisers and concerned individuals will look at these to determine the authenticity of the POA.

Capable and Soundness of Mind

First and foremost, you should only grant the authorization to a person who is capable of carrying out the tasks on his/her own. In other words, he/she should have knowledge and experience in this domain.

Additionally, he/she should not be forced into it or misled. Depending on who is dealing with the agent on your behalf, additional documents might be required to support the POA.

Proper Formatting

A California power of attorney document should follow a proper format. This depends on the type of POA you’re issuing. All of our POA templates follow a proper format that clients will look at. This makes it easy for you to create POAs. In California and a few other states, a notary is also required.

Witnesses

The POA must be created with someone or a group of people as a witness. They must be present when the POA is signed and handed over to the agent.

Can Power of Attorney be Revoked?

Yes. It is a must that you include a revocation clause along with the Power of Attorney document. This will come into effect if the agent is found breaching the clauses mentioned in the document. Issuing a POA doesn’t deprive the Principal of his or her authority.

Therefore, you can always revoke the POA when you find it suitable by drafting an official statement to the agent. Our templates also include a POA revocation document that you can use.

Types of Power of Attorney in California

POA in California doesn’t refer to a single document. There are different types of POAs you can use. Which one to download and use depends on a particular scenario. Five most common types of Power of Attorney documents are:

Conventional Power of Attorney

This is the most common type of POA issued in California and is very specific. You need to mention for what reasons you’re using the POA and what level of authority you’re granting. This type of POAs is also known as “Limited Power of Authority”.

Durable POA

As opposed to a conventional POA, a durable power of attorney California stays for a lifetime. That is unless you revoke it or initiate a cancellation. The document specifies what the agent is capable of doing in your absence. This is both easy and inexpensive to manage affairs.

Springing POA

These types of POAs come into effect only when a specific event takes place. That should be explicitly mentioned in the document. The specificity regarding what powers are authorized and when it will be taken back should also be included.

Medical POA

Medical POAs are durable and used for healthcare decisions. Usually, the medical POA only comes into effect when the Principal suffers a medical condition because of which he/she becomes incapacitated of making decisions.

Parental POA

These types of POAs are mostly used by parents to grant authority to their children for carrying out tasks in their absence.

Our Power of Attorney Form California Template: When You Need One

Our power of attorney form California template is an easy-to-fill template that saves your time, money and effort. Download and save free power of attorney form California template.

Click below and get your copy.

How to Get a Power of Attorney in California?

To issue a power of attorney document in California, you need to include all the necessary information in a sheet of paper. The following information is mandatory to include:

  • Principal
  • Agent
  • Date of authorization
  • Expected end date
  • Authority granted
  • Revocation clause

You can download our templates that contain all of the necessary fields required in a POA. Download and edit the fields on your computer.

As required by Californian law, you need to sign with witnesses present. So, call two to three witnesses and sign it with the agent(s). Once done, get it notarized by hiring a practicing lawyer.

DOCUMENT PREVIEW

Uniform Statutory Form Power of Attorney

 

(California Probate Code Section 4401)

 

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). THE POWERS LISTED IN THIS DOCUMENT DO NOT INCLUDE ALL POWERS THAT ARE AVAILABLE UNDER THE PROBATE CODE. ADDITIONAL POWERS AVAILABLE UNDER THE PROBATE CODE MAY BE ADDED BY SPECIFICALLY LISTING THEM UNDER THE SPECIAL INSTRUCTIONS SECTION OF THIS DOCUMENT. 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 _________________________, 20____.

 

 

________________________________________

(your signature)

 

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 ________________________, 20____, before me, ________________________, 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 and correct.

 

WITNESS my hand and official seal.

 

Signature __________________________________                            (Seal, if any)

 

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.

 

The powers you give your agent will continue to exist for your entire lifetime, unless you 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.

 

Signature of Agent: __________________________________ Date: ______________

 

Print Name of Agent: __________________________________

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