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

California 4401 Withdrawal

Category:

Power of Attorney - General

State:

California

Control #:

CA-P040

Format:

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Description

The California 4401 withdrawal form, also known as the Uniform Statutory Form Power of Attorney, is designed to grant an individual the authority to perform various legal and financial actions on behalf of another person. This document outlines broad powers, including real property transactions, banking, and tax matters while allowing for specific customizations in the 'Special Instructions' section. It is crucial for users to understand that this power of attorney does not cover medical decisions and can be revoked at any time. Users must initial the powers they wish to grant and can select a single agent or multiple agents to act jointly or separately. The form remains effective even if the principal becomes incapacitated unless explicitly stated otherwise. This flexibility makes it a valuable tool for attorneys, partners, owners, associates, paralegals, and legal assistants who need a straightforward mechanism for managing client affairs. Templates should be filled out carefully to ensure compliance with legal standards, and users are encouraged to seek legal advice if needed. Overall, the California 4401 withdrawal form serves as an essential document for efficient delegation of authority in various legal contexts.

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

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FAQ

Durable power of attorney (DPOA): controls certain areas designated by the terms of the agreement, even if you become mentally incapacitated. Healthcare power of attorney (HCPA) or healthcare proxy: makes decisions regarding your medical care if you cannot do so.

Section 4401 of the California probate code contains an example of a durable power of attorney.

Is It Possible to Revoke the Power of Attorney? In California, you can revoke power of attorney for any reason, so long as you are deemed of sound mind. However, it is vital to note that you must have a notary present to witness the process so they can legally notarize the document.

The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the ?durable? power of attorney continues to be effective despite your subsequent disability.

A standard POA automatically becomes invalid if the person who made it (the principal) becomes mentally incapacitated. On the other hand, a Durable Power of Attorney remains in effect even if the principal becomes mentally incapacitated.

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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.

California 4401 Withdrawal

This form is part of a form package!

Description

Related forms

Viewed forms

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

Form popularity

FAQ

What powers does a durable power of attorney have in California?

What is California Probate Code Section 4401?

How do I revoke a durable power of attorney in California?

What is the difference between durable and uniform statutory power of attorney?

What is the difference between a general and durable power of attorney in California?

Trusted and secure by over 3 million people of the world’s leading companies

California 4401 Withdrawal

This form is part of a form package!

Description

Related forms

Viewed forms

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

Form popularity

FAQ

What powers does a durable power of attorney have in California?

What is California Probate Code Section 4401?

How do I revoke a durable power of attorney in California?

What is the difference between durable and uniform statutory power of attorney?

What is the difference between a general and durable power of attorney in California?

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