Fillable  Durable Power of Attorney Template for California Access This Form

Fillable Durable Power of Attorney Template for California

A California Durable Power of Attorney form is a legal document that allows an individual to appoint someone else to make financial and legal decisions on their behalf, even if they become incapacitated. This form ensures that your wishes are respected and that your affairs are managed according to your preferences. To get started with your Durable Power of Attorney, click the button below.

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Overview

In the realm of estate planning, the California Durable Power of Attorney (DPOA) form serves as a vital tool for individuals seeking to ensure their financial and medical decisions are handled according to their wishes, even when they are unable to make those choices themselves. This legal document allows you to designate a trusted person, known as an agent or attorney-in-fact, to act on your behalf in various matters, ranging from managing bank accounts to making healthcare decisions. One of the key features of the California DPOA is its durability; it remains effective even if you become incapacitated, providing peace of mind during uncertain times. The form outlines specific powers granted to your agent, which can be tailored to fit your unique needs, whether you want to limit their authority to financial matters or include broader responsibilities. Additionally, understanding the process of revocation is crucial, as you have the right to change or cancel the DPOA at any point while you are still competent. As you navigate this important aspect of planning for the future, knowing how the California Durable Power of Attorney form works can empower you to make informed decisions that protect your interests and those of your loved ones.

California Durable Power of Attorney Preview

California Durable Power of Attorney

This California Durable Power of Attorney ("DPOA") is created pursuant to the California Probate Code Sections 4000 to 4545. By executing this document, the principal grants authority to an agent to act on the principal's behalf in financial matters.

Principal Information

  • Full Name: ________________________________________
  • Address: ___________________________________________
  • City, State, ZIP: _________________________________
  • Phone Number: _____________________________________

Agent Information

  • Full Name: ________________________________________
  • Address: ___________________________________________
  • City, State, ZIP: _________________________________
  • Phone Number: _____________________________________

Alternate Agent Information (Optional)

In the event that the primary agent is unable or unwilling to serve, the following alternate agent is appointed.

  • Full Name: ________________________________________
  • Address: ___________________________________________
  • City, State, ZIP: _________________________________
  • Phone Number: _____________________________________

Powers Granted

This Durable Power of Attorney grants the agent authority over the following areas (initial beside each power to grant authority):

  • ____ Real property transactions
  • ____ Personal property transactions
  • ____ Bank and other financial institution transactions
  • ____ Business operating transactions
  • ____ Insurance and annuity transactions
  • ____ Estate, trust, and other beneficiary transactions
  • ____ Claims and litigation
  • ____ Personal and family maintenance
  • ____ Benefits from social security, Medicare, Medicaid, or other governmental programs, or military service
  • ____ Retirement plan transactions
  • ____ Tax matters

Special Instructions

Use the space below to provide any specific instructions or limitations you wish to place on your agent's power. If you do not have any special instructions, write "None".

  • ____________________________________________________
  • ____________________________________________________
  • ____________________________________________________

Effective Date and Duration

This Durable Power of Attorney is effective immediately upon signing and remains in effect indefinitely unless a specific termination date is provided here: ______________________.

Signatures

This document must be signed by the principal, the agent, and an optional alternate agent, if one is designated. Additionally, California law requires that this Durable Power of Attorney be either notarized or signed by two witnesses. The witnesses cannot be the agent, the alternate agent, family members, or beneficiaries named in this DPOA or the principal's will.

Principal's Signature: _____________________ Date: ________

Agent's Signature: ________________________ Date: ________

Alternate Agent's Signature (if applicable): _____________ Date: ________

Witness 1 Signature: ______________________ Date: ________

Witness 2 Signature: ______________________ Date: ________

Notary Public (if applicable):

State of California

County of __________________

Subscribed and sworn to (or affirmed) before me on this ____ day of ___________, 20__, by ___________________________, the principal.

Notary Signature: ___________________________

Notary Printed Name: ________________________

Commission Number: _________________________

My Commission Expires: ______________________

File Characteristics

Fact Name Details
Definition A California Durable Power of Attorney allows an individual to appoint someone else to manage their financial and legal affairs if they become incapacitated.
Governing Law The form is governed by the California Probate Code, specifically Sections 4000-4545.
Durability This type of power of attorney remains effective even if the principal becomes incapacitated.
Agent Authority The appointed agent can perform a variety of tasks, including managing bank accounts, paying bills, and handling real estate transactions.
Revocation The principal can revoke the power of attorney at any time, as long as they are competent to do so.
Signature Requirements The form must be signed by the principal and can be witnessed or notarized to enhance its validity.
Limitations Some actions, such as making or changing a will, cannot be authorized through a durable power of attorney.
Health Care Decisions A separate document is required for health care decisions; the durable power of attorney does not cover medical matters.
Filing Requirements There is no requirement to file the durable power of attorney with the state, but it should be kept in a safe place.
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