Property Sale Our With Power Of Attorney In Santa Clara

State:
Multi-State
County:
Santa Clara
Control #:
US-00167
Format:
Word; 
Rich Text
Instant download

Description

This form is a simple model for a bill of sale for personal property used in connection with a business enterprise. Adapt to fit your circumstances.

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FAQ

There are some potential disadvantages of being a power of attorney. The POA must be able to make serious choices that could involve the person's health and estate. If you breach your duty, you could owe the principal compensation for damages. The principal could sue you if you did not act in their best interest.

Disadvantages of a Power of Attorney Potential for Misuse: The most significant risk associated with a POA is the potential for misuse by the appointed agent. Lack of Oversight: A POA grants considerable control to the agent without requiring oversight or approval from third parties.

A power of attorney must be certified before it can be registered with the county recorder if it grants the agent the authority to undertake property transactions on your behalf. It is also important to note that a power of attorney cannot have the agent or anyone within your healthcare parameters named as a witness.

What a power of attorney can't do Change a principal's will. Break their fiduciary duty to act in the principal's best interests. Make decisions on behalf of the principal after their death. (POA ends with the death of the principal. Change or transfer POA to someone else.

Potential drawbacks include the risk of abuse or mismanagement by the appointed agent, legal ambiguities that may limit the agent's authority, and challenges related to DPOA recognition by financial institutions or healthcare providers.

If an agent is to be given the power to manage real property, including the power to sell the property to a third party, the power of attorney should contain specific authority including the words “to grant and/or convey” the property. Powers of attorney concerning real property must be acknowledged (notarized).

A power of attorney must be certified before it can be registered with the county recorder if it grants the agent the authority to undertake property transactions on your behalf. It is also important to note that a power of attorney cannot have the agent or anyone within your healthcare parameters named as a witness.

YOU MAY NOT TRANSFER THE PRINCIPAL'S PROPERTY TO YOURSELF WITHOUT FULL AND ADEQUATE CONSIDERATION OR ACCEPT A GIFT OF THE PRINCIPAL'S PROPERTY UNLESS THIS POWER OF ATTORNEY SPECIFICALLY AUTHORIZES YOU TO TRANSFER PROPERTY TO YOURSELF OR ACCEPT A GIFT OF THE PRINCIPAL'S PROPERTY.

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Property Sale Our With Power Of Attorney In Santa Clara