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

California Form 4401

Q: What does uniform statutory form power of attorney mean?

Uniform Statutory Form Power of Attorney Act provides a. short statutory form that gives the agent (attorney in fact) authority to act with respect to one or more of 13 categories of. transactions or matters, such as &quot;real property transactions&quot; or. &quot;banking and other financial institution transactions.&quot;

Category:

Power of Attorney - General

State:

California

Control #:

CA-P040

Format:

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Description

The California Form 4401, known as the Uniform Statutory Form Power of Attorney, is a crucial legal document that allows individuals to grant broad powers to an appointed agent. This form is governed by the California Probate Code and includes provisions that are effective immediately and continue even if the principal becomes incapacitated. Users can customize the powers granted by initialing specific areas, with a comprehensive list of powers ranging from real estate transactions to tax matters. The form also allows for special instructions to modify or limit the powers of the agent. It is important to note that this document does not permit agents to make medical decisions. A wide array of legal professionals, including attorneys, partners, and paralegals, will find Form 4401 beneficial for drafting a power of attorney that meets the needs of their clients. Legal assistants can assist in filling out the form, ensuring proper compliance with California laws. The form promotes clarity and customization, making it a versatile tool in estate planning and legal proceedings.

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

Regardless of whether it's for corporate reasons or personal matters, everyone encounters legal scenarios at some point in their lives. Completing legal documentation requires meticulous attention, starting with selecting the correct form template. For instance, if you choose an incorrect version of a California Form 4401, it will be rejected upon submission. Thus, it is essential to have a reliable source of legal documents like US Legal Forms.

If you need to acquire a California Form 4401 template, adhere to these straightforward steps: Obtain the sample you require by utilizing the search feature or catalog browsing. Review the form’s description to ensure it aligns with your circumstances, state, and area. Click on the form’s preview to view it. If it is the wrong document, return to the search function to locate the California Form 4401 sample you need. Download the template if it fits your specifications. If you have a US Legal Forms account, click Log in to access previously saved templates in My documents. If you haven’t registered yet, you can obtain the form by clicking Buy now. Choose the appropriate pricing option. Fill out the account registration form. Select your payment method: utilize a credit card or PayPal account. Choose the document format you desire and download the California Form 4401. Once saved, you can complete the form using editing software or print it out and finish it manually.

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FAQ

Uniform Statutory Form Power of Attorney Act¹ provides a. short statutory form that gives the agent (attorney in fact) authority to act with respect to one or more of 13 categories of. transactions or matters, such as "real property transactions" or. "banking and other financial institution transactions."

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.

The document must be acknowledged by a notary public or signed by at least 2 adult witnesses. An agent cannot be a witness. "This Power of Attorney shall become effective upon the incapacity of the principal", or similar words that show you want the document to be valid even if you become incapacitated.

Power of Attorney Uniform Statutory Form ? California Probate Code §4401 ? RPI Form 447. This form is used by an agent or escrow officer when an owner or buyer appoints a person who is to act on their behalf as their attorney-in-fact, to grant specific powers to the person authorized to act as their attorney-in-fact.

Here are the basic steps to make your California power of attorney: Decide which type of power of attorney you want. ... Decide who you want to be your agent. ... Decide what authority you want to give your agent. ... Get a power of attorney form. ... Complete the form, sign it, and have it notarized or witnessed.

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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 Form 4401

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 does uniform statutory form power of attorney mean?

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

Does California power of attorney need to be notarized?

What is a probate code 4401 form?

How do I designate power of attorney in California?

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

California Form 4401

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 does uniform statutory form power of attorney mean?

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

Does California power of attorney need to be notarized?

What is a probate code 4401 form?

How do I designate power of attorney in California?

California Form 4401 Related Searches

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