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 ___________________
Printed Name _________________________
