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Note: The power of attorney in this
section is used for personal and business
transactions and affairs. It does not cover Power of attorney for
health care matters.
For Power of Attorney Health care go to the Power of Attorney Health Care
Section.
Law Suit Preparation Essentials |
California Civil
Procedure Manual
|
General Analysis Power of Attorney -Lectic Law LIbrary |
Power of Attorney Health Care
Section
California Probate Code Provisions Relating To Powers of Attorney
|
Probate Code Provisions |
Powers of Attorney | Probate Code §§ 4000-4310 | |||||||
| Prob. C § 4000 Short Title; Power of Attorney | Prob C § 402xxxx | ||||||||
| Prob. C § 4001 Short Title; Uniform Durable Power of Attorney | Prob C § 402xxxx | ||||||||
| Prob C § 4010 Definitions | |||||||||
| Prob C § 4014 Attorney-In-Fact | |||||||||
| Prob C § 4018 Durable Power of Attorney | |||||||||
| Prob C § 4022 Power of Attorney | |||||||||
| Prob C § 4026 Principal | |||||||||
| Prob C § 4030 Springing Power of Attorney | |||||||||
| Prob C § 4034 Third Person | |||||||||
| Prob C § 402xx | |||||||||
|
Capter 2 General Provisions |
|||||||||
| Prob C § 4050 Aplication of Division | |||||||||
| Prob C § 4054 Execution Date; Application of division | |||||||||
§ 4401 DEERING'S PROBATE
Form- UNIFORM
STATUTORY FORM POWER OF ATTORNEY
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 HEALTH‑CARE 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. `' (Include
___ (E) Banking and other financial institution transactions. ' Civil Cc
___
(F) Business operating transactions. tAdded
(G)
Insurance and annuity transactions. ;‑ » witl
(H)
Estate, trust, and other beneficiary transactions. tCal Fan
(I)
Claims and litigation.
(J)
Personal and family maintenance. § 4402.
(K)
Benefits from social security, medicare, medicaid, or other governmental
program, of `t A statul
civil
or military service. part is 1
. (L)
Retirement plan transactions. requiter
(M)
Tax matters. (a) The
tially
(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
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 , 19
________________________________
(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.
State of _______________
) ss
County of _______________
On_______ before me, ____________________ personally appeared
_____________________________________________________________
____ personally known to me
- OR -
____ 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(ties), 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
same.
CAPACITY CLAIMED BY SIGNER
_____ Individual
_____ Corporate Officer
_____ Limited Partner
_____ General Partner
_____ Attorney-in-Fact
_____ Trustee(s)
_____ Guardian/Conservator
_____ Other________________________________________
Signer Represents__________________________________
WITNESS my hand and official seal.
Important
Note: [Include certificate of acknowledgment of
notary public in compliance with Section 1189 of the Civil Code or
other applicable law.] Added Stats 1994 ch 307 § 16 (SB 1907).
Witkin
Summary (9th ed) Agency §§ 2466, 246-II, 246JJ, 246KK, 246MM, 246NN, 246PP;
Cal Family Law Service §
63:17.
§
4402. Requirements for legal
sufficiency. ‑ ‑it contained the sentence "Revocation of the
A
statutory form power of attorney under this power of attorney is not effective
as to a third
part
is legally sufficient if all of the following party until the third party has
actual knowl
requirements
are satisfied: edge of the revocation."
(a)
The wording of the form complies substan
tially
with Section 4401. A form does not fail (b) The form is properly completed.
to
comply substantially with Section 4401 (c) The signature of the principal is
acknowl
merely
because the form does not include the edged. Added Stats 1994 ch 307 § 16 (SB
provisions
of Section 4401 relating to designa‑ 1907). Amended Stats 1995 ch 300 §
10 (SB
tion
of co‑agents. A form does not fail to 984), effective August 3, 1995.
comply
substantially with Section 4401 merely
because
the form uses the sentence "Revoca‑ § 4403. "All powers
listed above". If the line
tion
of the power of attorney is not effective as in front of (N) of the statutory
form under
to
a third party until the third party learns of Section 4401 is initialed, an
initial on the line
the
revocation" in place of the sentence "Re‑ in front of any
other power does not limit the
vocation
of the power of attorney is not effec‑ powers granted by line (N). Added
Stats 1994
tive
as to a third party until the third party ch 307 § 16 (SB 1907).
has
actual knowledge of the revocation," in ~* Witkin Summary (9th ed) Agency
which
case the form shall be interpreted as if ,¢ 246LL.
Beginning
in 1992,
italics
indicate changes or additions. * * * indicate omissions. 257
which c
Beginning
in 1992, ,n t .
256 italics indicate changes or
additions. * * * indicate omissions.
DEERING'S
PROBATE § 4403