"General Power of Attorney Template" - California

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Download "General Power of Attorney Template" - California

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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
STREET
ADDRESS
CITY
STATE
ZIP
USE
_____________________________________________________
SPACE ABOVE THIS LINE FOR RECORDER’S
POWER OF ATTORNEY – GENERAL
[includes optional DURABLE POWER OF ATTORNEY]
KNOW ALL PERSON BY THESE PRESENTS: That I, __________________________________________
the undersigned (jointly or severally, if more than one) hereby make, constitute and appoint______________________
________________________________________________________________________________________________
my true and lawful Attorney for me and in my name, place and stead and for may use and benefit:
(a) To ask, demand, sue for, recover, collect and receive each and every sum of money, debt, account, legacy,
Bequest interest, dividend, annuity and demand (which now is or hereafter shall became due, owing or payable)
Belonging to or claimed by me, and to use and take any lawful means for the recovery thereof by legal process or
otherwise, and to execute and deliver a satisfaction or release therefore, together with the right and power to
compromise or compound any claim or demand;
(b) To exercise any or all of the following powers as to real property, any interest therein and/or any building
Thereon: To contract for , purchase, receive and take possession thereof and of evidence of title thereto; to lease the
same for any term or purpose, including leases for business, residence, and oil and/or mineral development; to sell,
exchange, grant or convey the same with or without warranty; and to mortgage, transfer in trust, or otherwise
encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any
obligation or agreement.
(c) To exercise any of all of the following powers as to all kinds of personal property and goods, wares and
merchandise, choses in action and other property in possession or in action: To contract for, buy, sell, exchange,
transfer and in any legal manner deal in and with the same, and to mortgage, transfer in trust, or otherwise encumber
or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation
or agreement.
(d) To borrow money and to execute and deliver negotiable or non-negotiable notes therefore with or without
security; and to loan money and receive negotiable or non-negotiable note or performance notes there for with such
security as he/she shall deem proper;
(e) To create, amend, supplement and terminate any trust and to instruct and advise the trustee of any trust
wherein I am or may be trustor or beneficiary; to represent and vote stock, exercise stock rights, accept and deal with
any dividend, distribution or bonus, join in any corporate financing, reorganization, merger, liquidation, consolidation
or other action and the extension, compromise, conversion, adjustment, enforcement or foreclosure, singly or in
conjunction or other action and the extension, compromise, conversion, adjustment, enforcement or foreclosure, singly
or in conjunction with others of any corporate stock, bond, by or to me and to give or accept any property and/or
money whether or not equal to or less in value than the amount owing in payment, settlement or satisfaction thereof;
Page 1 0f 3
THIS FORM IS NOT VALID FOR HEALTH CARE DECISIONS.
Before you use this form, fill in all blanks, and make whatever changes are appropriate and necessary to your particular
Transaction. Consult a lawyer if you doubt the form’s fitness for your purpose and use. County makes no representation
or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose.
1400 – Rev. 2-01 (price class 2c)
POWER OF ATTORNEY – GENERAL (includes optional DURABLE POWER OF ATTORNEY)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
STREET
ADDRESS
CITY
STATE
ZIP
USE
_____________________________________________________
SPACE ABOVE THIS LINE FOR RECORDER’S
POWER OF ATTORNEY – GENERAL
[includes optional DURABLE POWER OF ATTORNEY]
KNOW ALL PERSON BY THESE PRESENTS: That I, __________________________________________
the undersigned (jointly or severally, if more than one) hereby make, constitute and appoint______________________
________________________________________________________________________________________________
my true and lawful Attorney for me and in my name, place and stead and for may use and benefit:
(a) To ask, demand, sue for, recover, collect and receive each and every sum of money, debt, account, legacy,
Bequest interest, dividend, annuity and demand (which now is or hereafter shall became due, owing or payable)
Belonging to or claimed by me, and to use and take any lawful means for the recovery thereof by legal process or
otherwise, and to execute and deliver a satisfaction or release therefore, together with the right and power to
compromise or compound any claim or demand;
(b) To exercise any or all of the following powers as to real property, any interest therein and/or any building
Thereon: To contract for , purchase, receive and take possession thereof and of evidence of title thereto; to lease the
same for any term or purpose, including leases for business, residence, and oil and/or mineral development; to sell,
exchange, grant or convey the same with or without warranty; and to mortgage, transfer in trust, or otherwise
encumber or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any
obligation or agreement.
(c) To exercise any of all of the following powers as to all kinds of personal property and goods, wares and
merchandise, choses in action and other property in possession or in action: To contract for, buy, sell, exchange,
transfer and in any legal manner deal in and with the same, and to mortgage, transfer in trust, or otherwise encumber
or hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any obligation
or agreement.
(d) To borrow money and to execute and deliver negotiable or non-negotiable notes therefore with or without
security; and to loan money and receive negotiable or non-negotiable note or performance notes there for with such
security as he/she shall deem proper;
(e) To create, amend, supplement and terminate any trust and to instruct and advise the trustee of any trust
wherein I am or may be trustor or beneficiary; to represent and vote stock, exercise stock rights, accept and deal with
any dividend, distribution or bonus, join in any corporate financing, reorganization, merger, liquidation, consolidation
or other action and the extension, compromise, conversion, adjustment, enforcement or foreclosure, singly or in
conjunction or other action and the extension, compromise, conversion, adjustment, enforcement or foreclosure, singly
or in conjunction with others of any corporate stock, bond, by or to me and to give or accept any property and/or
money whether or not equal to or less in value than the amount owing in payment, settlement or satisfaction thereof;
Page 1 0f 3
THIS FORM IS NOT VALID FOR HEALTH CARE DECISIONS.
Before you use this form, fill in all blanks, and make whatever changes are appropriate and necessary to your particular
Transaction. Consult a lawyer if you doubt the form’s fitness for your purpose and use. County makes no representation
or warranty, express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose.
1400 – Rev. 2-01 (price class 2c)
POWER OF ATTORNEY – GENERAL (includes optional DURABLE POWER OF ATTORNEY)
(f) To transact business of any kind or class as my act and deed to sign, execute, acknowledge and deliver
any deed, lease, assignment of lease, covenant, indenture, indemnity, agreement, mortgage, deed of trust, assignment
of mortgage or of the beneficial interest under deed of trust, extension or renewal of any obligation, subordination or
waiver of priority, hypothecation, bottomry, charter-party, bill of lading, bill of sale, bill, bond, note, whether negotiable
or non-negotiable, receipt, evidence of debt, full or partial release or satisfaction of mortgage, judgment and other
debt, request for partial or full reconveyance of deed of trust and such other instruments in writing or any kind or class
as may be necessary or proper in the premises.
(g) To [Strike if not applicable.] This Power of Attorney shall not be affected by subsequent incapacity of the
principal [and shall remain effective for a period of ___________________________________________ years after the
disability or incapacity occur ].
(h) [Strike if not applicable.] This Power of Attorney shall become effective upon the incapacity of the
principal [and shall remain effective for a period of ___________________________________________ years after the
disability or incapacity occurs].
(i) If (g) and/or (h) are not stricken, the Notice of Persons Executing Durable Power of Attorney applies.
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.
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
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. 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:
1.
The legal duty to act solely in the interest of the principal and to avoid conflicts of interest.
2.
The legal duty to keep the principal’s property separate and distinct form 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 civil court.
THIS FORM IS NOT VALID FOR HEALTH CARE DECISIONS.
Page 2 of 3
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.
Date: __________________________________
___________________________________________
Print name of Agent
___________________________________________
Signature of Agent
GIVING AND GRANTING unto my said Attorney full power and authority to do and perform all and every act
and thing whatsoever requisite, necessary or appropriate to be done in and about the premises as fully to all intents
and purposes as I might or could do if personally present, hereby ratifying all that my said Attorney shall lawfully do
or cause to be done by virtue of these presents. The powers and authority hereby conferred upon my said Attorney
or cause to be done by virtue of these presents. The power herein conferred upon him/her shall be exercised, and
the whatever situate.
My said Attorney is empowered hereby to determine in his/her sole discretion the time when, purpose for and
manner in which any power herein conferred upon him/her shall be exercised, and the conditions, provisions and
covenants of any instrument or document which may be executed by him/her pursuant hereto; and in the acquisition
or disposition of real or personal property, my said Attorney shall have exclusive power to fix the terms thereof for
cash, credit and/or context so requires, the masculine gender includes the feminine and/or neuter, and the singular
number includes the plural.
WITNESS my hand this ______ day of ____________________, _________.
_________________________________________________
________________________________________________
STATE OF _______________________)
COUNTY OF _____________________)
ON ______________________, before me, __________________________________________, 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 persons(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the law of the State of California that the foregoing paragraph is
true and correct.
Witness my hand and official seal.
Signature _________________________________________(Seal)
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