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

Uniform Statutory Form Power Of Attorney Ca Withdraw

Q: What is uniform statutory form power of attorney?

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:

Instant download

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Description

The Uniform Statutory Form Power of Attorney in California is a comprehensive legal document that allows individuals to appoint an agent to make financial and legal decisions on their behalf. This form is governed by California Probate Code Section 4401 and grants broad powers that can be tailored according to the principal's needs. Users can initial specific powers such as real estate, banking, or business transactions, or choose to grant all powers by signing a designated line. Importantly, the form stipulates that it remains valid even if the principal becomes incapacitated, unless otherwise indicated. This flexibility makes it particularly valuable for attorneys, partners, and legal professionals who handle estate planning and financial management. Paralegals and legal assistants can facilitate the completion and proper execution of the form, ensuring all specific instructions are clear and adhered to. Additionally, this form emphasizes the necessity of competent legal advice when determining the appropriateness of the powers granted, which supports the ethical responsibilities of legal practitioners. Overall, this power of attorney serves diverse use cases, from simple financial management to complex legal transactions.

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

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FAQ

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.

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 POWERS YOU GIVE YOUR AGENT IN THIS DURABLE POWER OF ATTORNEY WILL CONTINUE TO EXIST EVEN IF YOU CAN NO LONGER MAKE YOUR OWN DECISIONS RESPECTING THE MANAGEMENT OF YOUR PROPERTY.

Uniform Statutory Form Power of Attorney (Statutory POA) The Statutory POA is a form the State of California provides in Probate Code (PC) § 4401 that can be completed as either a durable or non-durable POA.

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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.

Uniform Statutory Form Power Of Attorney Ca Withdraw

Description

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

Form popularity

FAQ

How do I cancel a power of attorney in California?

What is uniform statutory form power of attorney?

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

Is uniform statutory form power of attorney durable?

Is a uniform statutory form power of attorney the same as a durable power of attorney?

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Uniform Statutory Form Power Of Attorney Ca Withdraw

Description

Related forms

Viewed forms

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

Form popularity

FAQ

How do I cancel a power of attorney in California?

What is uniform statutory form power of attorney?

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

Is uniform statutory form power of attorney durable?

Is a uniform statutory form power of attorney the same as a durable power of attorney?

Uniform Statutory Form Power Of Attorney Ca Withdraw Related Searches

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