California Uniform Statutory Power Of Attorney Page 4
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5NOTICE TO PERSON EXECUTING DURABLE POWER OF ATTORNEY
(California Probate Code Section 4128(a))
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 or by executing an amendment through the same formalities as an original. You
have the right to revoke or terminate 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 two witnesses sign it, 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.
[Initials of Principal]
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Statutory Form Power of Attorney
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