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CALIFORNIA GENERAL DURABLE POWER OF ATTORNEY
THE POWERS YOU GRANT BELOW ARE EFFECTIVE
ONLY IF YOU BECOME DISABLED OR INCOMPETENT
CAUTION: 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.
DATE:
____________________________
(SIGNATURE OF AGENT)
_____________________________
(PRINT NAME OF AGENT)
--------------------------------------------------------------------------------
CALIFORNIA GENERAL DURABLE POWER OF ATTORNEY
THE POWERS YOU GRANT BELOW ARE EFFECTIVE
ONLY IF YOU BECOME DISABLED OR INCOMPETENT
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY
ACT. 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 _________________________________________________________________
_____________________________________________ [insert your name
and address] appoint _____________________________________________
[insert the name and address of the person appointed] 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.
Note: If you initial Item A or Item B, which follow, a notarized
signature will be required on behalf of the Principal.
INITIAL
_______ (A) Real property transactions. To lease, sell, mortgage,
purchase, exchange, and acquire, and to agree, bargain, and contract
for the lease, sale, purchase, exchange, and acquisition of, and
to accept, take, receive, and possess any interest in real property
whatsoever, on such terms and conditions, and under such covenants,
as my Agent shall deem proper; and to maintain, repair, tear down,
alter, rebuild, improve manage, insure, move, rent, lease, sell,
convey, subject to liens, mortgages, and security deeds, and in
any way or manner deal with all or any part of any interest in real
property whatsoever, including specifically, but without limitation,
real property lying and being situated in the State of California,
under such terms and conditions, and under such covenants, as my
Agent shall deem proper and may for all deferred payments accept
purchase money notes payable to me and secured by mortgages or deeds
to secure debt, and may from time to time collect and cancel any
of said notes, mortgages, security interests, or deeds to secure
debt.
_______ (B) Tangible personal property transactions. To lease,
sell, mortgage, purchase, exchange, and acquire, and to agree, bargain,
and contract for the lease, sale, purchase, exchange, and acquisition
of, and to accept, take, receive, and possess any personal property
whatsoever, tangible or intangible, or interest thereto, on such
terms and conditions, and under such covenants, as my Agent shall
deem proper; and to maintain, repair, improve, manage, insure, rent,
lease, sell, convey, subject to liens or mortgages, or to take any
other security interests in said property which are recognized under
the Uniform Commercial Code as adopted at that time under the laws
of the State of California or any applicable state, or otherwise
hypothecate (pledge), and in any way or manner deal with all or
any part of any real or personal property whatsoever, tangible or
intangible, or any interest therein, that I own at the time of execution
or may thereafter acquire, under such terms and conditions, and
under such covenants, as my Agent shall deem proper.
_______ (C) Stock and bond transactions. To purchase, sell, exchange,
surrender, assign, redeem, vote at any meeting, or otherwise transfer
any and all shares of stock, bonds, or other securities in any business,
association, corporation, partnership, or other legal entity, whether
private or public, now or hereafter belonging to me.
_______ (D) Commodity and option transactions. To organize or continue
and conduct any business which term includes, without limitation,
any farming, manufacturing, service, mining, retailing or other
type of business operation in any form, whether as a proprietorship,
joint venture, partnership, corporation, trust or other legal entity;
operate, buy, sell, expand, contract, terminate or liquidate any
business; direct, control, supervise, manage or participate in the
operation of any business and engage, compensate and discharge business
managers, employees, agents, attorneys, accountants and consultants;
and, in general, exercise all powers with respect to business interests
and operations which the principal could if present and under no
disability.
_______ (E) Banking and other financial institution transactions.
To make, receive, sign, endorse, execute, acknowledge, deliver and
possess checks, drafts, bills of exchange, letters of credit, notes,
stock certificates, withdrawal receipts and deposit instruments
relating to accounts or deposits in, or certificates of deposit
of banks, savings and loans, credit unions, or other institutions
or associations. To pay all sums of money, at any time or times,
that may hereafter be owing by me upon any account, bill of exchange,
check, draft, purchase, contract, note, or trade acceptance made,
executed, endorsed, accepted, and delivered by me or for me in my
name, by my Agent. To borrow from time to time such sums of money
as my Agent may deem proper and execute promissory notes, security
deeds or agreements, financing statements, or other security instruments
in such form as the lender may request and renew said notes and
security instruments from time to time in whole or in part. To have
free access at any time or times to any safe deposit box or vault
to which I might have access.
_______ (F) Business operating transactions. To conduct, engage
in, and otherwise transact the affairs of any and all lawful business
ventures of whatever nature or kind that I may now or hereafter
be involved in.
_______ (G) Insurance and annuity transactions. To exercise or
perform any act, power, duty, right, or obligation, in regard to
any contract of life, accident, health, disability, liability, or
other type of insurance or any combination of insurance; and to
procure new or additional contracts of insurance for me and to designate
the beneficiary of same; provided, however, that my Agent cannot
designate himself or herself as beneficiary of any such insurance
contracts.
_______ (H) Estate, trust, and other beneficiary transactions.
To accept, receipt for, exercise, release, reject, renounce, assign,
disclaim, demand, sue for, claim and recover any legacy, bequest,
devise, gift or other property interest or payment due or payable
to or for the principal; assert any interest in and exercise any
power over any trust, estate or property subject to fiduciary control;
establish a revocable trust solely for the benefit of the principal
that terminates at the death of the principal and is then distributable
to the legal representative of the estate of the principal; and,
in general, exercise all powers with respect to estates and trusts
which the principal could exercise if present and under no disability;
provided, however, that the Agent may not make or change a will
and may not revoke or amend a trust revocable or amendable by the
principal or require the trustee of any trust for the benefit of
the principal to pay income or principal to the Agent unless specific
authority to that end is given.
_______ (I) Claims and litigation. To commence, prosecute, discontinue,
or defend all actions or other legal proceedings touching my property,
real or personal, or any part thereof, or touching any matter in
which I or my property, real or personal, may be in any way concerned.
To defend, settle, adjust, make allowances, compound, submit to
arbitration, and compromise all accounts, reckonings, claims, and
demands whatsoever that now are, or hereafter shall be, pending
between me and any person, firm, corporation, or other legal entity,
in such manner and in all respects as my Agent shall deem proper.
_______ (J) Personal and family maintenance. To hire accountants,
attorneys at law, consultants, clerks, physicians, nurses, agents,
servants, workmen, and others and to remove them, and to appoint
others in their place, and to pay and allow the persons so employed
such salaries, wages, or other remunerations, as my Agent shall
deem proper.
_______ (K) Benefits from Social Security, Medicare, Medicaid,
or other governmental programs, or military service. To prepare,
sign and file any claim or application for Social Security, unemployment
or military service benefits; sue for, settle or abandon any claims
to any benefit or assistance under any federal, state, local or
foreign statute or regulation; control, deposit to any account,
collect, receipt for, and take title to and hold all benefits under
any Social Security, unemployment, military service or other state,
federal, local or foreign statute or regulation; and, in general,
exercise all powers with respect to Social Security, unemployment,
military service, and governmental benefits, including but not limited
to Medicare and Medicaid, which the principal could exercise if
present and under no disability.
_______ (L) Retirement plan transactions. To contribute to, withdraw
from and deposit funds in any type of retirement plan (which term
includes, without limitation, any tax qualified or nonqualified
pension, profit sharing, stock bonus, employee savings and other
retirement plan, individual retirement account, deferred compensation
plan and any other type of employee benefit plan); select and change
payment options for the principal under any retirement plan; make
rollover contributions from any retirement plan to other retirement
plans or individual retirement accounts; exercise all investment
powers available under any type of self-directed retirement plan;
and, in general, exercise all powers with respect to retirement
plans and retirement plan account balances which the principal could
if present and under no disability.
_______ (M) Tax matters. To prepare, to make elections, to execute
and to file all tax, social security, unemployment insurance, and
informational returns required by the laws of the United States,
or of any state or subdivision thereof, or of any foreign government;
to prepare, to execute, and to file all other papers and instruments
which the Agent shall think to be desirable or necessary for safeguarding
of me against excess or illegal taxation or against penalties imposed
for claimed violation of any law or other governmental regulation;
and to pay, to compromise, or to contest or to apply for refunds
in connection with any taxes or assessments for which I am or may
be liable.
_______ (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.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
THIS POWER OF ATTORNEY SHALL BE CONSTRUED AS A GENERAL DURABLE
POWER OF ATTORNEY.
THIS POWER OF ATTORNEY BECOMES EFFECTIVE ONLY UPON MY DISABILITY
OR INCAPACITY. I shall be considered disabled or incapacitated for
purposes of this power of attorney if a physician certifies in writing
at a date later than the date this power of attorney is executed
that, based on the physician's medical examination of me, I am mentally
incapable of managing my financial affairs. I authorize the physician
who examines me for this purpose to disclose my physical or mental
condition to another person for purposes of this power of attorney.
A third party who accepts this power of attorney is fully protected
from any action taken under this power of attorney that is based
on the determination made by a physician of my disability or incapacity.
(YOUR AGENT WILL HAVE AUTHORITY TO EMPLOY OTHER PERSONS AS NECESSARY
TO ENABLE THE AGENT TO PROPERLY EXERCISE THE POWERS GRANTED IN THIS
FORM, BUT YOUR AGENT WILL HAVE TO MAKE ALL DISCRETIONARY DECISIONS.
IF YOU WANT TO GIVE YOUR AGENT THE RIGHT TO DELEGATE DISCRETIONARY
DECISION-MAKING POWERS TO OTHERS, YOU SHOULD KEEP THE NEXT SENTENCE,
OTHERWISE IT SHOULD BE STRICKEN.)
Authority to Delegate. My Agent shall have the right by written
instrument to delegate any or all of the foregoing powers involving
discretionary decision-making to any person or persons whom my Agent
may select, but such delegation may be amended or revoked by any
agent (including any successor) named by me who is acting under
this power of attorney at the time of reference.
(YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE
EXPENSES INCURRED IN ACTING UNDER THIS POWER OF ATTORNEY. STRIKE
OUT THE NEXT SENTENCE IF YOU DO NOT WANT YOUR AGENT TO ALSO BE ENTITLED
TO REASONABLE COMPENSATION FOR SERVICES AS AGENT.)
Right to Compensation. My Agent shall be entitled to reasonable
compensation for services rendered as agent under this power of
attorney.
(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME(S) AND ADDRESS(ES)
OF SUCH SUCCESSOR(S) IN THE FOLLOWING PARAGRAPH.)
Successor Agent. If any Agent named by me shall die, become incompetent,
resign or refuse to accept the office of Agent, I name the following
(each to act alone and successively, in the order named) as successor(s)
to such Agent:
____________________________________________________________
____________________________________________________________
Choice of Law. THIS POWER OF ATTORNEY WILL BE GOVERNED BY THE LAWS
OF THE STATE OF CALIFORNIA WITHOUT REGARD FOR CONFLICTS OF LAWS
PRINCIPLES. IT WAS EXECUTED IN THE STATE OF CALIFORNIA AND IS INTENDED
TO BE VALID IN ALL JURISDICTIONS OF THE UNITED STATES OF AMERICA
AND ALL FOREIGN NATIONS.
I am fully informed as to all the contents of this form and understand
the full import of this grant of powers to my Agent.
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 learns 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]
_______________________________
[Your Social Security Number]
--------------------------------------------------------------------------------
PLEASE NOTE: 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. EACH WITNESS MUST BE A
MENTALLY COMPETENT ADULT. WITNESSES SHOULD IDEALLY RESIDE CLOSE
BY, SO THAT THEY WILL BE EASILY ACCESSIBLE IN THE EVENT THEY ARE
ONE DAY NEEDED TO AFFIRM THIS DOCUMENT'S VALIDITY.
STATEMENT OF WITNESSES
On the date written above, I declare under penalty of perjury under
the laws of California that the person who signed or acknowledged
this document is personally known to me (or proved to me on the
basis of convincing evidence) to be the principal, that the principal
signed or acknowledged this durable power of attorney in my presence,
that the principal appears of sound mind and under no duress, fraud,
or undue influence, that I am not the person appointed as attorney
in fact by this document. I am not related to the principal by blood,
marriage or adoption, and to the best of my knowledge, am not entitled
to any part of the estate of the principal upon the death of the
principal under a will now existing or by operation of law.
_______________________________________ [Signature of Witness #1]
_______________________________________ [Printed or typed name of
Witness #1]
_______________________________________ [Address of Witness #1,
Line 1]
_______________________________________ [Address of Witness #1,
Line 2]
_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of
Witness #2]
_______________________________________ [Address of Witness #2,
Line 1]
_______________________________________ [Address of Witness #2,
Line 2]
--------------------------------------------------------------------------------
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA
COUNTY OF ________________
On __________________, before me, the undersigned notary public,
personally appeared ______________________________________________,
personally know to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument
the person, or the entity upon behalf of which the person acted,
executed the instrument.
[Notary Seal, if any]:
_______________________________
(Signature of Notarial Officer)
Notary Public for the State of California
My commission expires: ___________________
--------------------------------------------------------------------------------
ACKNOWLEDGMENT OF AGENT
BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES
THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
________________________________________________
[Typed or Printed Name of Agent]
________________________________________________
[Signature of Agent]
--------------------------------------------------------------------------------
PREPARATION STATEMENT
This document was prepared by the following individual:
________________________________________________
[Typed or Printed Name]
________________________________________________
[Signature]
