Durable Power of Attorney California Form – PDF – Word
The California durable power of attorney allows a person to authorize someone else to handle monetary decisions on their behalf. The agreement will provide clarity in what tasks the agent will be able to undertake while clearly defining the durable nature of the legal document; that is, the fact that the powers granted to the agent will remain effective even if the principal becomes disabled or rendered otherwise incompetent. Both principal and agent must complete the form and have their signatures authorized in front of a public notary or at least two (2) witnesses not related to the principal or agent.
Laws – Probate Code §4100-§4310
Signing Requirements – Signature must be acknowledged by notary public or two (2) witnesses (§4121).
“Durable” Definition – §4018
Additional Agent Acceptance Addendum – Optional
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 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.