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General Power of Attorney California

    Are you concerned about your legal or financial affairs while traveling outside of California? With our General Power of Attorney California template, you can delegate authority to another person to act on your behalf. Download our customized template of power of attorney form California, which addresses all legal concerns. The California power of attorney form template is completed in accordance with the California code. It’s customizable and free!

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General Power of Attorney California
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General Power of Attorney California

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In California, residents are allowed by the laws of the state to choose someone to represent them in all their affairs or only certain matters while they are away and cannot make certain actions themselves.

The individual they choose, usually a spouse or family relative, will be responsible for handling all their business transactions, finances and real estate properties. In this case, it is called a general power of attorney California. In this article, you will learn a lot more about a California general power of attorney.

The following aspects must be included in the form template:

    • The title of the form
    • Identity of both principal and agent
    • Authority and powers of agent written in clear terms
    • Durability of form Signature of both principal and agent

What is The California General Power of Attorney?

Unlike a durable poa form California, a general power of attorney form California is a legal form through which an entity can grant another, powers to act on their behalf in all their legal and financial matters when they are away in the state of California. The one who chooses another to represent him/her is referred to as the principal while the representative is described as the agent or attorney-in-fact.

Typically, a general power of attorney California becomes invalid upon incapacitation or death of the principal. In California, all general power of attorney forms must be executed in accordance with the dictates of California Code Section 4121.

Grant authority to handle your affairs with General Power of Attorney California Template

Download our general power of attorney form template specially designed for California to appoint someone to manage your interests while you are away.

Below is the button to download the template.

How Does A California General Power of Attorney Work?

The California General Power of Attorney Law says that all general power of attorney California forms are valid as long as the stipulated requirements are met. In other words, it does not matter whether the form is downloaded online or collected from a government office.

However, the form must contain:

  • The title of the form
  • Identity of both principal and agent
  • Authority and powers of agent written in clear terms
  • Durability of form
  • Signature of both principal and agent

The form must also be customized for California, or it might not be tenable in the state. One can obtain a general power of attorney form specially designed for California from reputable platforms like CocoSign, among others.

If the principal chooses to grant the agent powers to continuously represent him/her even upon incapacitation, it becomes a general durable power of attorney California. In this case, it must include a clause that says the power of attorney is not be affected by the subsequent disability or incapacity of the principal.

 

General Power of Attorney Requirements in California

According to Section 4121, a general power of attorney form California is legally sufficient if it satisfies the following requirements:

  • The power of attorney California form contains the date of execution
  • The general power of attorney form is signed either by the principal or another legal adult directed by the principal to sign on his/her behalf
  • The form must be signed by at least two witnesses or acknowledged by a notary public.

The following requirements apply to the witness

  • They must be adults, that is, at least 18 years of age
  • The agent or attorney-in-fact cannot stand in as a witness
  • Each of the witnesses signing the general poa must witness the principal’s signing of the form or an acknowledgement of the signature on the document by the principal.

To revoke the powers of the agent, the principal must send the agent a notice of revocation of the agent’s powers. All third parties relying on the authority of the agent should also be sent this notice.

Grant authority to handle your affairs with General Power of Attorney California Template

Download our general power of attorney form template specially designed for California to appoint someone to manage your interests while you are away.

Below is the button to download the template.

Other Key Factors To Note

The following are some other things to note about a general power of attorney California

  • A principal may set an expiration date for the power of attorney, a date after which these powers no longer become valid.
  • A principal is allowed to decide whether the agent’s powers come into effect immediately or at a later date.

Drafting a California general durable power of attorney fillable form is recommended for every California citizen who is at least 18 years old. This brings a certain level of assuredness for the one who drafts it. There are several templates and fillable forms available on CocoSign for free download one can work on.

DOCUMENT PREVIEW

 

CALIFORNIA GENERAL POWER OF ATTORNEY – [includes optional DURABLE POWER OF ATTORNEY]

 

 

Recording Requested By _________________________

 

And When Recorded Mail To:

Address _______________

State _______________

Zip ____________

 

-------------------------------------- Space Above This Line For Recorder’s Use -----------------------------------------------

 

 

 

KNOW ALL PERSON BY THESE PRESENTS: That I,                                  

the undersigned (jointly or severally, if more than one) hereby make, constitute and appoint

 

 

my true and lawful Attorney for me and in my name, place and stead and for my use and benefit:

 

(a)  To ask, demand, sue for, recover, collect and receive each and every sum of money, debt, account, legacy, bequest interest, dividend, annuity and demand (which now is or hereafter shall became due, owing or payable) belonging to or claimed by me, and to use and take any lawful means for the recovery thereof by legal process or otherwise, and to execute and deliver a satisfaction or release therefore, together with the right and power to compromise or compound any claim or demand;

(b)  To exercise any or all of the following powers as to real property, any interest therein and/or any building Thereon: To contract for , purchase, receive and take possession thereof and of evidence of title thereto; to lease the same for any term or purpose, including leases for business, residence, and oil and/or mineral development; to sell, exchange, grant or convey the same with or without warranty; and to mortgage, transfer in trust, or otherwise encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation or agreement.

(c)  To exercise any of all of the following powers as to all kinds of personal property and goods, wares and merchandise, choses in action and other property in possession or in action: To contract for, buy, sell, exchange, transfer and in any legal manner deal in and with the same, and to mortgage, transfer in trust, or otherwise encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation or agreement.

(d)  To borrow money and to execute and deliver negotiable or non-negotiable notes therefore with or

without security; and to loan money and receive negotiable or non-negotiable note or performance notes there for with such security as he/she shall deem proper;

(a)  To create, amend, supplement and terminate any trust and to instruct and advise the trustee of any trust wherein I am or may be trustor or beneficiary; to represent and vote stock, exercise stock rights, accept and deal with any dividend, distribution or bonus, join in any corporate financing, reorganization, merger, liquidation, consolidation or other action and the extension, compromise, conversion, adjustment, enforcement or foreclosure, singly or in conjunction or other action and the extension, compromise, conversion, adjustment, enforcement or foreclosure, singly or in conjunction with others of any corporate stock, bond, by or to me and to give or accept any property and/or money whether or not equal to or less in value than the amount owing in payment, settlement or satisfaction thereof;

Page 1 0f 3 THIS FORM IS NOT VALID FOR HEALTH CARE DECISIONS.

Before you use this form, fill in all blanks, and make whatever changes are appropriate and necessary to your particular Transaction. Consult a lawyer if you doubt the form’s fitness for your purpose and use. County makes no representation or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose.

 

 

(a) To transact business of any kind or class as my act and deed to sign, execute, acknowledge and deliver any deed, lease, assignment of lease, covenant, indenture, indemnity, agreement, mortgage, deed of trust, assignment of mortgage or of the beneficial interest under deed of trust, extension or renewal of any obligation, subordination or waiver of priority, hypothecation, bottomry, charter-party, bill of lading, bill of sale, bill, bond, note, whether negotiable or non-negotiable, receipt, evidence of debt, full or partial release or satisfaction of mortgage, judgment and other debt, request for partial or full reconveyance of deed of trust and such other instruments in writing or any kind or class as may be necessary or proper in the premises.

(b)  To [Strike if not applicable.] This Power of Attorney shall not be affected by subsequent incapacity of the principal [and shall remain effective for a period of              years after the disability or incapacity occur ].

(c)  [Strike if not applicable.] This Power of Attorney shall become effective upon the incapacity of the principal [and shall remain effective for a period of              years after the disability or incapacity occurs].

(d) If (g) and/or (h) are not stricken, the Notice of Persons Executing Durable Power of Attorney applies.

 

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 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 form 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 civil court.

THIS FORM IS NOT VALID FOR HEALTH CARE DECISIONS.

Page 2 of 3

 

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.

 

STATE OF CALIFORNIA

 COUNTY OF                 

ON                 _, before me,                               , Notary Public, 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,  and  that     by                   his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the persons(s) acted, executed the instrument.

 

I certify under PENALTY OF PERJURY under the law of the State of California that the foregoing paragraph is true and correct.

 

Witness my hand and official seal.

 

Signature                                   (Seal)

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