Fillable Printable General Durable Power of Attorney Form
Fillable Printable General Durable Power of Attorney Form
General Durable Power of Attorney Form
RECORDING REQ UESTED BY
AND WHEN RE CO RDED MAIL TO
_____________________________________________________ SPACE ABOVE THIS LINE FOR RECORDER’S USE
POWER OF ATTORNEY – GENERAL [include s opt io nal DURABLE POWE R OF ATTORNEY]
KNOW ALL PERSON BY THESE PRESENT S: That I, ________________________________________
the undersigned (jointly or severall y, 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 b enefit:
(a) To ask, demand, sue for, recover, collect and receive each and every su m of money, debt, account,
legacy, be quest interest, d ividend, ann ui ty and demand (which now is or hereafter sha l l b ecame due , owing or
payable) belo n ging 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 th e follo wing powers as to real pr o p er ty, any interest therei n a nd/or an y
building Thereo n: T o contract for , purchase, receive and take possession thereof and of evidence of title thereto; to
lease the same for any ter m or purpo se, including leases for business, residence, and oil and/or mineral development;
to sell, exchange, grant or convey the same with or without warr anty; and t o mortgage, transfer in trus t, or ot herwise
encumber o r hypothecate the same to secure payment of a negotiable or non-negotiable note or performance of any
ob ligation or agre ement.
(c) To exercise any of all of the follo wing powers as to all kinds of personal property and goods, wares and
mercha ndise, choses in action and other pro p er ty in possession or in action: To contract for, buy, sell, exchange,
tr ansfer and in an y legal manner d eal in and with the s ame, and to mortgage, transfer in trust, or o therwise enc umber
or hypothecate the same to secure payment of a negotiable or non-negotiable note or p er formance of any obligation
(d) To borrow money and to execute and deliver negotiable or non-negotiab le notes therefore with or
without s ecurity; and to l oan money and r eceive nego tia ble or non-negotiable note or performance notes there for
with s uch se curity as he/she sha ll deem p rop er;
(e) To create, amend, supplement and termina te any trust and to instruct and advise the trustee of any trust
wherein I am or may be trustor or beneficiar y; to repr esent and vote stock, exercise stock rights, accept and deal
with any dividend, distrib ution or bonus, join in any c orpora te fina ncing, reorgani zation, merger , li quida tion,
consolidation or other action and the extension, compromise, conversion, adjustment, enforcement or foreclosure,
singly or in conjunc tion or o ther action and the exten s ion, 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
prop er t y and/or money whethe r or not eq ual t o or le ss in value than the amo unt owing in pa yment, se ttlement or
satisfaction there of;
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T HI S FORM IS NOT VALID FOR HEALTH CARE DECISIONS.
Before yo u use this form, fill in all blanks, and make whate v er changes are approp r iate and necessar y to your
particular Transaction. Consult a lawyer if yo u doubt the form’s fitness for your purpose and use. County makes no
representation or war r an ty, e x p r ess 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 POW E R OF AT TORNEY)
(f) To transact business of a n y kind or class as my act and deed to sign, exec ute, acknowledge and deliver
any deed, lease, assignment of lease, covena nt, 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, no te , whether
negotiable or non-negotiable, r eceip t, evidence of debt, full o r p ar tial release or satisfaction of mort gage, 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 pr o per in the premises.
(g) To [Strike if not applicable.] This Po wer 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 incap acity of the
principal [and shall remain effective for a period of ___________________________________________ years after
the disability or inca pacity occurs] .
(i) If (g) and/or (h) are not stricken, the Notice of Persons Executing Durable Po wer of Attorney applies.
NOTICE TO PERSON EXECUTING D URABLE POWER OF ATTORNEY
A durable power of attorney is an important legal document. By signing the durable po wer of attorney, you are
authorizing another person to act for you, the principal. Before you sign this durable power of attorney, you should
kno w these important facts:
Your agent (attorney-in-fac t ) has no d uty to act unles s you and your agent agree otherwis e in writing.
This document gives your agent the powers to manage, dispose of, sell, and conve y yo ur real and personal property,
and to use your pro pe rty as security i f your agent bor rows money on your behalf. This document d oe s not give your
agent the power to accept or receive any of your pr o p er ty, in trust or other wise, as a gift, unless you specifically
authorize the agent to accept or receive a gift.
Your agent will have the right to r eceive reasonable payment for services pro vided under this durable power of
attorney unless you provide otherwise in this power of attorney.
The powers you give your agent will continue to e xist for your entire lifetime, unless you s ta te that the durable
power of attorney will last for a shorter period of time or unless yo u otherwise terminate the durable power of
The powers yo u give your agent in this d ura ble p ower of at torney will continue to exist ev en if yo u can no lon ger
make your own decisions respe cting t he management of your prop er ty.
You can ame nd or change this durab le power of attorney only by exe cuting a new durabl e power o f 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 s igned by two witnesses, the y must witness e ither ( 1) the signing of the power of attorney or (2)
the princip a l’s signing or ackn owledgment of his or her sig n ature. A durable power of attorne y that may af fect real
prop er ty should be acknowledged before a notary public so that it may easily be recorded.
You sho uld read this durable power of attorne y carefully. When effective, this d ura ble power of atto r ney will give
your a gent the right t o deal with prope rty that you now have or might a cq uire 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.
NO TICE TO PER SON A CCEPTING THE A PPOINTMENT AS ATTORN EY–IN-FACT
By acting or agreeing to act as the agent (attorney-in-fact) under this po wer of attorney you assume the Fid uciary
and other le gal r e spon sibilitie s of an agent. T hese respo nsibilities include:
1. T he le gal d uty to act so le ly in the intere st of the principal and to a vo id conflict s of interest.
2. The legal duty to keep the p r incipal’s proper ty separate and distinct form any other property owned or
controlled by yo u.
You may not transfer the principal’s property to yourself without full and adequate consideration or accept
a gift of the pr incipa l’s property unless this power o f atto rney spe c ifically authorizes you to transfer property to
yourself or accept a gift of the pr incipal’s proper ty. If you transfer the principal’s proper ty to yourself without
specific authorization in the power of attorne y, you may be pro secuted for fraud and/or embezzlement. If th e
principal is 65 years of age or older at the ti me that the pr opert y is transferred to you without authorit y, you may also
be prosecuted for elder abuse under penal Code Section 368. In addition to criminal prosecution, yo u may also be
sued civil court.
THIS FORM IS NOT VALID FO R H EAL TH CARE D ECI SIONS.
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I have read the for ego ing notice and I unde rst and t he legal and fiducia ry duti es tha t I assu me by ac ting o r
agreeing to act as the agent (attorney-in-fact) und e r the terms of this power o f atto rney.
Date: __________________________________ ___________________________________________
Pri nt name of Agent
Signa ture of Age nt
GIVING AND GRAN TING unto my said Attorney full power and authority to do and perfor m all and every act
and thing whatsoever requisite, necessary or app ropriate to be done in and about the premises as fully to all intents
and purposes as I might or could do if personally present, hereb y rati fying all t hat my said Attorney shall lawfully do
or cause to be done by virt ue of these presents. The powers and authorit y hereb y conferred upon my said Attorney or
cause to be do ne by virtue of these presents. The power herein conferred upon him/her shall be exercised, and
My said Attorney is empo wered hereby to deter mine in his/ her sole discretion the time when, purpose for
and ma nner in which any power herein conferred upon him/her shall be exercised, and the conditions, provis ions
and cove nants of any instrument or d oc umen t which may be executed by him/her p ursuant 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 co ntext 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 inst r u ment and
ackno wled ged to me that he/she/they executed the same in his/her/their authorized capacity (ies), a nd that by
his/her/thei r signature( s ) on th e inst rument the person(s), or the entity upon behalf of which the persons(s) acted,
executed the instrument.
I certify under PENALTY O F 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.