![]() ![]() The person authorizing the other to act is the principal, grantor, or donor (of the power). ( April 2022) ( Learn how and when to remove this template message)Ī power of attorney ( POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. Only a Notary Public licensed in the State of California may notarize this document’s signing once he or she has physically observed the Principal executing this paperwork.The examples and perspective in this article deal primarily with the United States and English-speaking world and do not represent a worldwide view of the subject. The Principal’s signature must be notarized. ![]() The signature of the Principal is the only item that can set this document in motion and must be provided by the California Principal. The day when the Principal formally executes this directive to be active in the State of California is mandatory. a medical power of attorney), then it is strongly recommended that the Principal determine if the Agent should be able to act independently write in “Separately’ otherwise, the Attorneys-in-Fact will only be able to wield principal power when in agreement. ![]() If the Principal has named more than one Attorney-in-Fact in this document or in others (i.e. To this end, the Principal has the option to provide a set of specific instructions or even a general guideline directly using this template. The Attorney-in-Fact will be expected to be aware of and carry out the Principal’s intentions at all times when he or she is wielding the granted authority. The Principal can delegate all of his or her allowable authority in one fell swoop by initialing the last list item. To designate the Attorney-in-Fact with one or more (but not all) of these powers, the Principal must provide direct approval by initialing the appropriate line. A list lettered “A” through “M” names each type of principal power that can legally be appointed to an Attorney-in-Fact in the State of California. The California Principal may require representation in only certain affairs or in all areas of life. This process of identification necessitates the Attorney-in-Fact’s address to be included. The Agent or Representative who shall wield the California Principal’s authority is often referred to as the Attorney-in-Fact. Notice, the Principal must have his or her residential address attached to this paperwork as well. The Party who intends to name and authorize a Representative to wield the same power he or she has must be identified as the California Principal at the beginning of this declaration. Statutory FormĬalifornia’s statutory durable power of attorney form can be found within Probate Code § 4401. The agent only has to sign and does not need to have their signature notarized ( CA Prob Code § 4402(c)). The principal is required to have their signature acknowledged before a notary public. A power of attorney may be durable or nondurable ( CA Prob Code § 4022). “Power of attorney” means a written instrument, however denominated, that is executed by a natural person having the capacity to contract and that grants authority to an attorney-in-fact. “Durable power of attorney” means a power of attorney that satisfies the requirements for durability provided in Section 4124 ( § 4018). PROB Division 4.5 (Powers of Attorney) Definition of “Durable” ![]() It should be noted that because it is considered “durable,” the powers granted to the agent continue even if the principal becomes incapacitated. The agent can only act as the principal specifies and the agent has a fiduciary responsibility to act in the best interests of the principal. The principal grants these powers to a trusted friend or relative called an agent. A California durable power of attorney form allows an individual to act in the place of someone else for financial-related affairs during their lifetime. ![]()
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