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California Uniform Statutory Power of Attorney - Property - Finances -...

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Category:

Power of Attorney - General

State:

California

Control #:

CA-P040

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Description

The Uniform Statutory Form Power of Attorney is a legal document governed by California Probate Code Section 4401. This form grants broad and sweeping powers to an appointed agent, enabling them to act on behalf of the principal in various matters, including real property transactions and financial dealings. Users can customize the powers granted by initialing specific sections or by providing special instructions for limitations or expansions of these powers. It is crucial for users to understand that this form does not cover medical decision-making, and individuals are encouraged to seek legal advice if needed. The form remains effective even if the principal becomes incapacitated unless otherwise stated. This document is especially useful for attorneys, partners, owners, associates, paralegals, and legal assistants who may need to facilitate financial and legal responsibilities for clients or companies. Proper completion includes providing names, specific powers, and a notarized signature to ensure validity. Overall, this form is a vital tool for anyone needing to delegate decision-making authority in a legally recognized manner.

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How to fill out California Uniform Statutory Power Of Attorney - Property - Finances - Section 4401?

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Uniform Statutory Power of Attorney - Property - Finances - Section 4401

CALIFORNIA LAW SUMMARIES

STATUTORY REFERENCE
CALIFORNIA PROBATE CODE

GENERAL DURABLE POWER OF ATTORNEY
(PROBATE CODE, §§4124 through 4128)

Section 4124. A durable power of attorney is a power of attorney by which a principal designates another person as attorney-in-fact in writing and the power of attorney contains any of the following statements:

(a) "This power of attorney shall not be affected by subsequent incapacity of the principal."
(b) "This power of attorney shall become effective upon the incapacity of the principal."
(c) Similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent incapacity.

Section 4125. All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal had capacity.

Section 4126. (a) A principal may nominate, by a durable power of attorney, a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced.
(b) If the protective proceedings are conservatorship proceedings in this state, the nomination has the effect provided in Section 1810 and the court shall give effect to the most recent writing executed in accordance with Section 1810, whether or not the writing is a durable power of attorney.

Section 4127. Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney.

Section 4128. (a) Subject to subdivision (b), a printed form of a durable power of attorney that is sold or otherwise distributed in this state for use by a person who does not have the advice of legal counsel shall contain, in not less than 10-point boldface type.

Section 4129. (a) In a springing power of attorney, the principal may designate one or more persons who, by a written declaration under penalty of perjury, have the power to determine conclusively that the specified event or contingency has occurred. The principal may designate the attorney-in-fact or another person to perform this function, either alone or jointly with other persons. (b) A springing power of attorney containing the designation described in subdivision (a) becomes effective when the person or persons designated in the power of attorney execute a written declaration under penalty of perjury that the specified event or contingency has occurred, and any person may act in reliance on the written declaration without liability to the principal or to any other person, regardless of whether the specified event or contingency has actually occurred.
(c) This section applies to a power of attorney whether executed before, on, or after January 1, 1991, if the power of attorney contains the designation described in subdivision (a).
(d) This section does not provide the exclusive method by which a power of attorney may be limited to take effect on the occurrence of a specified event or contingency.

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Uniform Statutory Power of Attorney - Property - Finances - Section 4401

CALIFORNIA LAW SUMMARIES

STATUTORY REFERENCE
CALIFORNIA PROBATE CODE

GENERAL DURABLE POWER OF ATTORNEY
(PROBATE CODE, §§4124 through 4128)

Section 4127. Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

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