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CALIFORNIA DURABLE POWER OF ATTORNEY (California Probate Code

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Page 1 of 5
CALIFORNIA DURABLE 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). 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, of ,
[Principal’s Name] [Principal’s Address]
appoint of ,
[Agent’s Name] [Agent’s Address]
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.
INITIAL
(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).
Page 2 of 5
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 .
[Signature of Principal]
[Principal’s Social Security Number]
BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE
FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
Page 3 of 5
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which the certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of California )
County of ____________________ )
On ____________________, 20____, before me,____________________, a Notary Public in and
for the State of California, personally appeared ________________________________
________________________________________________________ [ PRINCIPAL & AGENT(S)
NAMES ] 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 _______________________________________
My commission expires _______________________________________
Page 4 of 5
NOTICE TO PERSON EXECUTING DURABLE POWER OF ATTORNEY
(California Probate Code Section 4128(a))
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.
[Initials of Prinicipal]
* * *
Page 5 of 5
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]
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Completed 28 December 2021

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