Durable Power of Attorney
State of California
Power of Attorney Type
How and when should this POA take effect?
Almost always yes for estate planning purposes — a non-durable POA automatically ends if you lose capacity.
Durable Power of Attorney — State of California
State of California
DESIGNATION OF AGENT
I, [principal_name] ("Principal"), of [principal_address], reachable at [principal_phone] and [principal_email], hereby appoint:
[agent_name] ("Agent"), my [agent_relationship], of [agent_address], reachable at [agent_phone] and [agent_email],
as my true and lawful attorney-in-fact, to act in my name, place, and stead in the manner set forth in this document.
SUCCESSOR AGENT
If [agent_name] is unable or unwilling to serve as Agent, [successor_agent_name], of the address on file, shall serve as successor Agent with the same powers granted herein.
DURABILITY
THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY THE SUBSEQUENT DISABILITY OR INCAPACITY OF THE PRINCIPAL. This is a Durable Power of Attorney and shall remain in full force and effect notwithstanding the later incapacity or mental disability of the Principal.
EFFECTIVE DATE
This Power of Attorney shall become effective immediately upon execution by the Principal.
POWERS GRANTED
Agent shall have general authority to act on behalf of the Principal in financial and legal matters, including but not limited to: banking and financial transactions, contracts, tax matters, business operations, and legal claims. This includes authority over real estate transactions, including buying, selling, leasing, and encumbering real property. This includes authority over banking and financial accounts, including deposits, withdrawals, and account management.
GIFTS
Agent is NOT authorized to make gifts of the Principal's property or assets to any person, including Agent, unless separately and expressly authorized in writing by the Principal.
COMPENSATION
Agent shall serve without compensation, but shall be entitled to reimbursement for reasonable expenses incurred in carrying out their duties under this Power of Attorney.
TERMINATION
This Power of Attorney shall terminate upon the earliest of: (a) the Principal's death; (b) the Principal's revocation of this Power of Attorney in writing; (c) the Agent's resignation, death, or incapacity, if no successor agent is named or able to serve; or (d) if applicable, a date or event specifically stated elsewhere in this document.
AGENT'S DUTIES
Agent accepts the duties of a fiduciary and agrees to act in the best interest of the Principal, to keep Agent's own property separate from Principal's property, and to keep accurate records of all transactions conducted on Principal's behalf.
This Power of Attorney does not authorize Agent to make health care decisions. A separate health care power of attorney or advance directive is required for medical decision-making authority.
GENERAL PROVISIONS
This Power of Attorney shall be governed by the laws of the State of California.
Third parties may rely on this Power of Attorney and on a copy or electronic copy as they would on the original.
Principal may revoke this Power of Attorney at any time by providing written notice to the Agent and to any third parties relying on it.
AGENT'S ACCEPTANCE
AGENT'S ACCEPTANCE AND ACKNOWLEDGMENT: By signing below, [agent_name] accepts appointment as Agent and acknowledges the legal and fiduciary responsibilities of that role, including the duty to act in the Principal's best interest, to avoid conflicts of interest and self-dealing, to keep the Principal's property separate, and to maintain accurate records.
Agent Signature: ______________________________ Date: ____________
EXECUTION
This Power of Attorney is signed by the Principal in the presence of the 2 witnesses below and acknowledged before a notary public, as required under the law of California.
Witness 1: ______________________________ Signature: ______________________________ Date: ____________
Witness 2: ______________________________ Signature: ______________________________ Date: ____________
NOTARY ACKNOWLEDGMENT
State of California
County of ______________________________
On this ______ day of ______________, 20____, before me, the undersigned notary public, personally appeared [principal_name], proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that they executed it for the purposes stated herein.
Notary Public Signature: ______________________________
[Notary Seal] My commission expires: ____________
State-Required Provisions
Notice to Person Executing Durable Power of Attorney (Cal. Prob. Code § 4128): 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. • 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 his or her signature.
Signatures
Principal: [principal_name]
Date: ________________
Agent: [agent_name]
Date: ________________
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