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

STREET

ADDRESS

CITY

STATE

ZIP

_____________________________________________________ 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.

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

or agreement.

(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

attorney.

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

whatever situate.

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.