DURABLE POWER OF ATTORNEY
NOTICE TO PERSON EXECUTING DURABLE POWER OF ATTORNEY
A durable power of attorney is an important legal document. By signing the durable power of
attorney, you are authorizing another person to act for you, the principal. Before you sign this
durable power of attorney, you should know these important facts:
Your agent (attorney-in-fact) has no duty to act unless you and your agent agree otherwise in
writing.
This document gives your agent the powers to manage, dispose of, sell, and convey your real
and personal property, and to use your property as security if your agent borrows money on
your behalf. This document does not give your agent the power to accept or receive any of your
property, in trust or otherwise, as a gift, unless you specifically authorize the agent to accept or
receive a gift.
This document gives your agent the powers to manage, dispose of, sell, and convey your real
and personal property, and to use your property as security if your agent borrows money on
your behalf. This document does not give your agent the power to accept or receive any of your
property, in trust or otherwise, as a gift, unless you specifically authorize the agent to accept or
receive a gift.
Your agent will have the right to receive reasonable payment for services provided under this
durable power of attorney unless you provide otherwise in this power of attorney.
The powers you give your agent will continue to exist for your entire lifetime, unless you state
that the durable power of attorney will last for a shorter period of time or unless you otherwise
terminate the durable power of attorney. 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.
You can amend or change this durable power of attorney only by executing a new durable
power of attorney or by executing an amendment through the same formalities as an original.
You have the right to revoke or terminate this durable power of attorney at any time, so long as
you are competent.
This durable power of attorney must be dated and must be acknowledged before a notary
public or signed by two witnesses. If it is signed by two witnesses, they must witness either (1)
the signing of the power of attorney or (2) the principal's signing or acknowledgment of their
signature. A durable power of attorney that may affect real property should be acknowledged
before a notary public so that it may easily be recorded.
You should read this durable power of attorney carefully. When effective, this durable power of
attorney will give your agent the right to deal with property that you now have or might
acquire in the future. The durable power of attorney is important to you. If you do not
understand the durable power of attorney, or any provision of it, then you should obtain the
assistance of an attorney or other qualified person.
NOTICE TO PERSON ACCEPTING THE APPOINTMENT
AS ATTORNEY-IN-FACT
By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you
assume the fiduciary and other legal responsibilities of an agent. These responsibilities include:
- The legal duty to act solely in the interest of the principal and to avoid conflicts of interest.
- The legal duty to keep the principal's property separate and distinct from any other
property owned or controlled by you.
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. If you transfer the principal's property to yourself without specific authorization in
the power of attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is
65 years of age or older at the time that the property is transferred to you without authority,
you may also be prosecuted for elder abuse under Penal Code Section 368. In addition to
criminal prosecution, you may also be sued in civil court.
I have read the foregoing notice and I understand the legal and fiduciary duties that I assume
by acting or agreeing to act as the agent (attorney-in-fact) under the terms of this power of
attorney.
__________________________________________
Signature of _________
__________________________________________
Date
DESIGNATION OF AGENT
I,
_________,
of _________, _________,
_________, CA 22336,
name the following person as my agent (or “attorney-infact”):
- Name of agent: _________,
- Agent's address: _________, _________,_________,_________,_________
- Agent's telephone number: _________,
EFFECTIVE DATE & DURABILITY
This is a durable power of attorney. It shall be effective immediately, and it shall not terminate, become
void or be otherwise affected if I become disabled or incapacitated, or in the event of later uncertainty as
to whether I am dead or alive, or by the lapse of time. An act done by my agent during a period when I
am disabled or incapacitated binds me and my successors as if I were competent and not disabled or
incapacitated.
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me in accordance with applicable state laws on the following subjects:
If you wish to grant general authority over all of the subjects listed below, you may SIGN here:
________________________
(Signature of Principal)
Note: This Power of Attorney is intended to be interpreted consistently with the laws of the state in which it is used. However, local legal requirements or additional disclosures may apply. It is recommended that you consult legal counsel to ensure full compliance with state-specific rules.
LIMITATIONS ON AGENT'S AUTHORITY
An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the
agent or a person to whom the agent owes an obligation of support unless I have included that authority
in these Special Instructions.
COMPENSATION AND REIMBURSEMENT
GRANT OF ADDITIONAL AUTHORITY & SPECIAL INSTRUCTIONS
My agent may act for me as an account holder and authorized user of my “DigitalAssets” and the
contents of my electronic communications as
well as to access, utilize, manage or close any and all of my DigitalAssets. “DigitalAsset” means an
electronic record in which I have a right or interest, and includes, but is not limited to, email, personal
or professional websites, online banking and other financial accounts, social media profiles, digital music, photographs and videos, software, or any other electronic records or accounts. To exercise this
power, my agent may access and control any device or equipment used by me to store or manage my
DigitalAssets, such as desktop and laptop computers, tablets, cell phones or any other device used for
access and control of DigitalAssets that currently exists or may exist as technology develops. This
authorization is intended to constitute “lawful consent” to a service provider to divulge the contents of
any communication under.
My agent may use my funds or other property as reasonably necessary to provide for the health, care,
and welfare of any pets or animals that belong to me, including, without limitation, expenditures for
food, grooming, toys, veterinary care, day care and temporary boarding. My agent is authorized to
maintain my pets or animals in the same standard of health, care and welfare as I have done. For the
purposes of this document, any actions taken by my agent for the benefit of my pets or animals shall be
deemed to have been taken for my own benefit.
My agent shall have authority to make gifts and other transfers of my property without consideration or
with less than full consideration, including forgiveness of debts owed to me, on my behalf. My agent
when making such gifts shall act consistently with my objectives and in my best interest, and subject to
the following special instructions:
My agent, _________ , may make gifts of my property to (or for the benefit of) themself,
provided that any such gifts
in any calendar year.
In the event my successor agent, _________ , is serving as my agent hereunder, they may make
gifts of my property to (or for the benefit of) themself, provided that any such gifts
in any calendar year.
Except as otherwise specifically provided in this instrument, my agent is authorized to make gifts
of my property to (or for the benefit of) any donee other than themself, or anyone they are legally
obligated to support. Such gifts may not exceed, for each recipient, the annual federal gift tax
exclusion amount pursuant to the Internal Revenue Code, unless, however, my spouse (if
applicable) consents to split gift treatment pursuant to the Internal Revenue Code, in which case the maximum amount of the gift to each recipient shall not exceed twice the annual federal gift tax
exclusion amount.
My agent shall have the authority to exercise any fiduciary powers that I currently hold or shall come to
hold and that I have power to delegate, including without limitation the power to (i) apply for and
procure, in my name, letters of administration, letters testamentary, letters of guardianship, or any other
type of judicial or administrative authority to act as a fiduciary; (ii) represent me in all ways and matters
affecting a fund with respect to which I am a fiduciary; and (iii) initiate, participate in and oppose a
proceeding for the removal or substitution of a fiduciary, conserve, invest or disburse anything received
for the purposes of the fund for which it is received, and reimburse my agent for expenditures properly
made by my agent in the execution of powers conferred on my agent
My agent may transfer ownership of any property over which they have authority pursuant to this
document to the trustee of a revocable inter vivos trust I have created as settlor. Such property may
include, without limitation, real property, stocks, bonds, insurance contracts, and accounts with banks
and other financial institutions.
My agent _________ , may use property of mine, buy any assets of mine or engage in any transaction
they deem in good faith to be in my interest, no matter what the interest or benefit to _________.
SIGNATURE AND ACKNOWLEDGMENT
I, _________, have told the person listed below as “Witness” that this is my durable power of
attorney, and asked this person to serve as my witness. I have further explained that I understand the
importance of the powers I delegate to my agent (attorney-in-fact) in this document, and that I am
executing this document willingly, as a free and voluntary act.
In Witness Where of, I have here to signed my name this _______________ day of ______________, _______.
_________
__________________________________
___________________________________
__________________________________
SIGNATURE OF PRINCIPAL PRINT NAME TELEPHONE
_________,_________,_________,_________,_________
__________________________________________________________________________________________________________________________________________
ADDRESS
ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
State of _________
County of
On ______________________ before me, ______________________, a Notary Public, personally
appeared __________________________________________________________________, who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of _________ that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(Seal) Signature_______________________
