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

California Statutory Probate Code For Special Notice

Category:

Power of Attorney - General

State:

California

Control #:

CA-P040

Format:

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Description

The California statutory probate code for special notice outlines essential provisions for handling powers of attorney, particularly focused on the Uniform Statutory Form Power of Attorney. This document allows individuals to appoint an agent to manage their affairs with significant authority regarding financial and legal decisions. Key features include the ability to grant broad or limited powers in various areas such as real property, financial transactions, and personal maintenance. Users can provide special instructions to tailor the powers granted. The form is effective immediately and remains valid until revoked, even in cases of incapacitation, unless specified otherwise. This document is crucial for attorneys, partners, owners, associates, paralegals, and legal assistants who may assist clients in creating comprehensive and legally sound power of attorney documents. It ensures legal representation and management of client affairs in accordance with California law, providing protection and clarity for all parties involved. Moreover, it emphasizes the responsible delegation of authority and the fiduciary duties incurred by the agent appointed.

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

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FAQ

Notice requirements: Notice must be given by first class mail or by personally delivering a copy to each person or entity at least 15 days prior to the hearing. Each person should receive a copy of the "Notice of Petition to Administer Estate" showing the hearing date information.

Ask to get notice of more things that may be filed in a case in probate court. People who were served with a request for special notice (DE-154) also use this to tell the court they have received the request.

This is a filing that you can do in a probate action and it will help ensure that you get noticed in everything that occurs in that probate action. There are times that you may not be legally required to be noticed based on what action somebody's taking in a probate case.

COMPLETING THE PETITION FOR PROBATE, DE-111 Write your name and address in the top left box. In the box that reads ?Estate of,? write the name of the decedent. Leave the box that reads case number, hearing date, Dept, blank. You will get this information when you file your paperwork with the Probate filing window.

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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 Statutory Probate Code For Special Notice

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 is the notice requirement for California probate?

What is special notice in probate court?

What is special notice probate?

How do I fill out probate forms in California?

What is a request for special notice in California probate?

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

California Statutory Probate Code For Special Notice

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 is the notice requirement for California probate?

What is special notice in probate court?

What is special notice probate?

How do I fill out probate forms in California?

What is a request for special notice in California probate?

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