Fillable CALIFORNIA GENERAL POWER OF ATTORNEY [includes optional DURABLE

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CALIFORNIA GENERAL POWER OF ATTORNEY [includes optional DURABLE

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CALIFORNIA GENERAL POWER OF ATTORNEY – [includes optional DURABLE POWER OF
ATTORNEY]
Recording Requested By _________________________
And When Recorded Mail To:
Address _______________
State _______________
Zip ____________
-------------------------------------- Space Above This Line For Recorder’s Use -----------------------------------------------
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 my 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.
Page 2 of 3
(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.
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Page 3 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
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 CALIFORNIA
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, 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)
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.
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CALIFORNIA GENERAL POWER OF ATTORNEY includes optional DURABLE

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Completed 25 July 2021

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