LexisNexis(R) Forms FORM 187-68.

200
Transactional
Power of Attorney
California

68.200 Durable Power of Attorney for Property Management and Other Personal Affairs (Long Form)
DURABLE POWER OF ATTORNEY FOR MANAGEMENT OF PROPERTY AND PERSONAL
AFFAIRS
[To appoint attorney(s) in fact and successor, if any, select one of following three alternatives:]
[First alternativeto appoint one attorney in fact and one successor:]
I, ____________________ [name of principal], currently a resident of
____________________ [county and state], hereby appoint ____________________
[name of attorney in fact], currently a resident of ____________________ [county and state],
as my attorney in fact. If ____________________ [name of attorney in fact] dies, resigns, or is
unwilling or unable to act because of incapacity or otherwise, I appoint
____________________ [name of successor attorney in fact], currently a resident of
____________________ [county and state], as my attorney in fact. All references in this
document to my attorney in fact refer to the attorney in fact acting at the pertinent time.
[Second alternativeto appoint two attorneys in fact and require them to act unanimously,
except in case of vacancy:]
I, ____________________ [name of principal], currently a resident of
____________________ [county and state], hereby appoint ____________________
[name of first attorney in fact], currently a resident of ____________________ [county and
state], and ____________________ [name of second attorney in fact], currently a
resident of ____________________ [county and state], as my attorneys in fact. These two
persons must act unanimously in all matters referred to in this power of attorney, and when so
acting they will be referred to as my attorney in fact. Whenever a signature is required of my
attorney in fact, both of these persons will be required to sign. If either of these persons dies,
resigns, or is unable or unwilling to act because of incapacity, or any other reason, however, the
remaining person must act alone and, when so acting, will be referred to as my attorney in
fact.
[Third alternativeto appoint two attorneys in fact and authorize them to act separately:]
I, ____________________ [name of principal], currently a resident of
____________________ [county and state], hereby appoint ____________________
[name of first attorney in fact], currently a resident of ____________________ [county and
state], and ____________________ [name of second attorney in fact], currently a
resident of ____________________ [county and state], as my attorneys in fact. Each of these
persons, acting alone, has full power and authority to act on my behalf under the terms of this
power of attorney, and either, when so acting, will be referredto as my attorney in fact.
[Continue as follows:]
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I intend by this power of attorney to create a durable power of attorney pursuant to the
California Power of Attorney Law, but specifically not including the provisions of that law relating
to durable powers of attorney for health care. This power of attorney will be effective
____________________ [immediately on its execution and will not be affected by my
subsequent incapacity or on my incapacity as determined in accordance with Section 2.01 of
this power or specify date certain, e.g., on July 31, 2000, and will not be affected by my
subsequent incapacity].
[If power is to become effective on principals incapacity, add:]
If, after it has been determined in accordance with Section 2.01 that I have become
incapacitated, it should be determined in accordance with Section 2.02 of this power that I have
regained my capacity, the powers granted to my attorney in fact in this power will forthwith
cease.
[Optional; insert following provision only if power is to have specified termination date:]
Unless this power is sooner revoked, my attorney in fact will have and may exercise the
powers granted in this durable power of attorney until ____________________ [specify date,
e.g., December 31, 2001], on which date this power will terminate.
[Optional: insert following provision if attorney in fact is to have power only over specific item or
items, or a specific class, of property, and not over all of the principals property:]
This power deals only with my interest in ____________________ [describe property, e.g., the
dwelling house and lot at 120 Shady Lane, Smalltown, California, and particularly described as
Lot 14, Block 20, Map of Shady Acres, County of Pacific, California]. Notwithstanding any other
provision of this power, the powers that I give to my attorney in fact in this power will extend to
that interest, and to the full extent of that interest; but they will not extend to, and my attorney in
fact will have no power or authority over, any other interest that I may have in any other
property, except only to the extent that the management of the property described above will
necessarily affect the other interest.
[Continue as follows:]
I give my attorney in fact the powers specified in this power of attorney with the understanding
that they will be exercised for my benefit, on my behalf, and solely in a fiduciary capacity.
ARTICLE ONE
POWERS
Section 1.01. Construction of Powers Generally. Except as otherwise limited or extended in this
power of attorney, I give my attorney in fact the power to do all of the following:
(a)
Demand, receive, and obtain by litigation or otherwise, money or other things of value to which I
am, may become, or claim to be entitled, and conserve, invest, disburse, or use anything so
received for the purposes intended.
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(b)
Contract in any manner with any person on terms agreeable to my attorney in fact, to
accomplish a purpose of a transaction, and perform, rescind, reform, release, or modify the
contract or another contract made by me or on my behalf.
(c)
Execute, acknowledge, seal, and deliver a deed, revocation, mortgage, lease, notice, check,
release, or other instrument my attorney in fact considers desirable to accomplish a purpose of
a transaction.
(d)
Prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with
respect to a claim existing in my favor or against me or intervene in litigation relating to the
claim.
(e)
Seek on my behalf the assistance of a court to carry out an act authorized by this power of
attorney.
(f)
Engage, compensate, and discharge an attorney, accountant, expert witness, or other assistant.
(g)
Keep appropriate records of each transaction, including an accounting of receipts and
disbursements.
(h)
Prepare, execute, and file a record, report, or other document my attorney in fact considers
desirable to safeguard or promote my interest under a statute or governmental regulation.
(i)
Reimburse my attorney in fact for expenditures properly made by my attorney in fact in
exercising the powers granted by this power of attorney.
(j)
In general, do any other lawful act.
Section 1.02. Real Property Transactions. I give my attorney in fact the power to do all of the
following:
(a)
Accept as a gift or as security for a loan, reject, demand, buy, lease, receive, or otherwise
acquire an interest in real property or a right incident to real property.
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(b)
Sell, exchange, convey with or without covenants, quitclaim, release, surrender, mortgage,
encumber, partition, consent to partitioning, subdivide, apply for zoning, rezoning, or other
governmental permits, plat or consent to platting, develop, grant options concerning, lease,
sublease, or otherwise dispose of an interest in real property or a right incident to real property.
(c)
Release, assign, satisfy, and enforce by litigation or otherwise a mortgage, deed of trust,
encumbrance, lien, or other claim to real property that exists or is asserted.
(d)
Do any act of management or of conservation with respect to an interest in real property, or a
right incident to real property, owned, or claimed to be owned, by me, including all of the
following:
(1) Insuring against a casualty, liability, or loss.
(2) Obtaining or regaining possession, or protecting the interest or right, by litigation or
otherwise.
(3) Paying, compromising, or contesting taxes or assessments, or applying for and receiving
refunds in connection with them.
(4) Purchasing supplies, hiring assistance or labor, and making repairs to or alterations in the
real property.
(e)
Use, develop, alter, replace, remove, erect, or install structures or other improvements on real
property in or incident to which I have, or claim to have, an interest or right.
(f)
Participate in a reorganization with respect to real property or a legal entity that owns an interest
in or right incident to real property and receive and hold shares of stock or obligations received
in a plan of reorganization, and act with respect to them, including all of the following:
(1) Selling or otherwise disposing of them.
(2) Exercising or selling an option, conversion, or similar right with respect to them.
(3) Voting them in person or by proxy.
(g)
Change the form of title of an interest in or right incident to real property.
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(h)
Dedicate to public use, with or without consideration, easements or other real property in which
I have, or claim to have, an interest or right.
Section 1.03. Tangible Personal Property Transactions. I give my attorney in fact the power to
do all of the following:
(a)
Accept as a gift or as security for a loan, reject, demand, buy, receive, or otherwise acquire
ownership or possession of tangible personal property or an interest in tangible personal
property.
(b)
Sell, exchange, convey with or without covenants, release, surrender, mortgage, encumber,
pledge, hypothecate, create a security interest in, pawn, grant options concerning, lease,
sublease to others, or otherwise dispose of tangible personal property or an interest in tangible
personal property.
(c)
Release, assign, satisfy, or enforce by litigation or otherwise, a mortgage, security interest,
encumbrance, lien, or other claim on behalf of the principal, with respect to tangible personal
property or an interest in tangible personal property.
(d)
Do an act of management or conservation with respect to tangible personal property or an
interest in tangible personal property on my behalf, including all of the following:
(1) Insuring against casualty, liability, or loss.
(2) Obtaining or regaining possession, or protecting the property or interest, by litigation or
otherwise.
(3) Paying, compromising, or contesting taxes or assessments or applying for and receiving
refunds in connection with taxes or assessments.
(4) Moving from place to place.
(5) Storing for hire or on a gratuitous bailment.
(6) Using, altering, and making repairs or alterations.
Section 1.04. Stock and Bond Transactions. With respect to any stocks and bonds, mutual
funds, and other securities, or any interest therein, that I now own or that may hereafter be
acquired by or for me, I give my attorney in fact the power to do all of the following:
(a)
Buy, sell, and exchange stocks, bonds, mutual funds, and all other types of securities and
financial instruments [optional: except commodity futures contracts and call and put options on
stocks and stock indexes].
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(b)
Receive certificates and other evidences of ownership with respect to securities.
(c)
Exercise voting rights with respect to securities in person or by proxy, enter into voting trusts,
and consent to limitations on the right to vote.
[Optional provision:]
Section 1.05. Commodities and Option Transactions. I give my attorney in fact the power to do
all of the following:
(a)
Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call and put
options on stocks and stock indexes traded on a regulated option exchange.
(b)
Establish, continue, modify, and terminate option accounts with a broker.
[Continue with the following:]
Section 1.06. Transactions With Banks and Financial Institutions. I give my attorney in fact the
power to do all of the following:
(a)
Continue, modify, and terminate an account or other banking arrangement made by me or on
my behalf.
(b)
Establish, modify, and terminate an account or other banking arrangement with a bank, trust
company, savings and loan association, credit union, thrift company, industrial loan company,
brokerage firm, or other financial institution selected by my attorney in fact.
(c)
Hire or close a safe deposit box or space in a vault.
(d)
Contract to procure other services available from a financial institution as the attorney in fact
considers desirable.
(e)
Withdraw by check, orders, or otherwise money or property of mine deposited with or left in the
custody of a financial institution.
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(f)
Receive bank statements, vouchers, notices, and similar documents from a financial institution
and act with respect to them.
(g)
Enter a safe deposit box or vault and withdraw or add to the contents.
(h)
Borrow money at an interest rate agreeable to my attorney in fact and pledge as security
personal property of mine necessary in order to borrow, pay, renew, or extend the time of
payment of a debt of mine.
(i)
Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks,
drafts, and other negotiable or nonnegotiable paper of mine, or payable to me or my order,
receive the cash or other proceeds of those transactions, and accept a draft drawn by a person
on me and pay it when due.
(j)
Receive for me and act on a sight draft, warehouse receipt, or other negotiable or
nonnegotiable instrument.
(k)
Apply for and receive letters of credit, credit cards, and travelers checks from a financial
institution, and give an indemnity or other agreement in connection with letters of credit.
(l)
Consent to an extension of the time of payment with respect to commercial paper or a financial
transaction with a financial institution.
Section 1.07. Business Operating Transactions. I give my attorney in fact the power to do all of
the following:
(a)
Operate, buy, sell, enlarge, reduce, and terminate a business interest.
(b)
To the extent that an agent is permitted by law to act for a principal and subject to the terms of
the partnership agreement,
(1) Perform a duty or discharge a liability and exercise a right, power, privilege, or option that I
have, may have, or claim to have, under a partnership agreement, whether or not I am a
partner.
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(2) Enforce the terms of a partnership agreement by litigation or otherwise.
(3) Defend, submit to arbitration, settle, or compromise litigation to which I am a party because
of membership in the partnership.
(c)
Exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or
option I have or claim to have as the holder of a bond, share, or other instrument of similar
character, and defend, submit to arbitration, settle, or compromise litigation to which I am a
party because of a bond, share, or similar instrument.
(d)
With respect to a business owned solely by me,
(1) Continue, modify, renegotiate, extend, and terminate a contract made with an individual or a
legal entity, firm, association, or corporation by me or on my behalf with respect to the business
before execution of this power of attorney.
(2) Determine the policy of the business as to (A) the location of its operation,(B) the nature and
extent of its business, (C) the methods of manufacturing, selling, merchandising, financing,
accounting, and advertising employed in its operation, (D) the amount and types of insurance
carried, and (E) the mode of engaging, compensating, and dealing with its accountants,
attorneys, and other agents and employees.
(3) Change the name or form of organization under which the business is operated and enter
into a partnership agreement with other persons or organize a corporation to take over all or
part of the operation of the business.
(4) Demand and receive money due or claimed by me or on my behalf in the operation of the
business, and control and disburse the money in the operation of the business.
(e)
Put additional capital into a business in which I have an interest.
(f)
Join in a plan of reorganization, consolidation, or merger of the business.
(g)
Sell or liquidate a business or part of it at the time and on the terms my attorney in fact
considers desirable.
(h)
Represent me in establishing the value of a business under a buy-out agreement to which I am
a party.
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(i)
Prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with
respect to a business that are required by a governmental agency or instrumentality or that my
attorney in fact considers desirable, and make related payments.
(j)
Pay, compromise, or contest taxes or assessments and do any other act that my attorney in fact
considers desirable to protect me from illegal or unnecessary taxation, fines, penalties, or
assessments with respect to a business, including attempts to recover, in any manner permitted
by law, money paid before or after the execution of this power of attorney.
Section 1.08. Insurance and Annuity Transactions. I give my attorney in fact the power to do all
of the following:
(a)
Continue, pay the premium or assessment on, modify, rescind, release, or terminate any
contract procured by me or on my behalf that insures or provides an annuity to me or another
person, whether or not I am a beneficiary under the contract.
(b)
Procure new, different, and additional contracts of insurance and annuities for me and my
dependents, and select the amount, type of insurance or annuity, and mode of payment.
(c)
Pay the premium or assessment on, modify, rescind, release, or terminate a contract of
insurance or annuity procured by my attorney in fact.
(d)
Designate the beneficiary of the contract, ____________________ [including or not
including] the power to designate ____________________ [himself or herself or
themselves] as the ____________________ [beneficiary or beneficiaries] of the contract, or an
extension, renewal, or substitute for the contract, regardless of whether the contract was
procured by me or by my attorney in fact.
(e)
Apply for and receive a loan on the security of the contract of insurance or annuity.
(f)
Surrender and receive the cash surrender value.
(g)
Exercise an election.
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(h)
Change the manner of paying premiums.
(i)
Change or convert the type of insurance contract or annuity as to any insurance contract or
annuity to which I have or claim to have a power described in this section.
(j)
Change the beneficiary of a contract of insurance or annuity, ____________________
[including or but not including] the power to designate ____________________ [himself or
herself or themselves] as the ____________________ [beneficiary or beneficiaries], regardless
of whether the contract of insurance or annuity was procured by me or by my attorney in fact.
(k)
Apply for and procure government aid to guarantee or pay premiums of a contract of insurance
on my life.
(l)
Collect, sell, assign, hypothecate, borrow on, or pledge my interest in a contract of insurance or
annuity.
(m)
Pay from proceeds or otherwise, compromise or contest, and apply for refunds in connection
with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or
annuity or its proceeds or liability accruing by reason of the tax or assessment.
Section 1.09. Estate, Trust, and Other Beneficiary Transactions. In all matters that affect a trust,
probate estate, guardianship, conservatorship, escrow, custodianship, or other fund in or from
which I am, may become, or claim to be entitled, as a beneficiary, to a share or payment, I give
my attorney in fact the power to do all of the following:
(a)
Accept, reject, disclaim, receive, receipt for, sell, assign, release, pledge, exchange, or consent
to a reduction in or modification of a share in or payment from the fund.
(b)
Demand or obtain by litigation or otherwise money or any other thing of value to which I am,
may become, or claim to be entitled by reason of the fund.
(c)
Initiate, participate in, and oppose litigation to ascertain the meaning, validity, or effect of a
deed, will, declaration of trust, or other instrument or transaction affecting my interest.
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(d)
Initiate, participate in, and oppose litigation to remove, substitute, or surcharge a fiduciary.
(e)
Conserve, invest, disburse, and use anything received for an authorized purpose.
(f)
Transfer an interest of mine in real property, stocks, bonds, accounts with financial institutions,
insurance, and other property to the trustee of a revocable trust created by me as settlor.
(g)
Convey or release any contingent or expectant interests in property, including marital property
rights, and any rights of survivorship incident to joint tenancy or tenancy by the entirety.
(h)
Make any election or election and agreement referred to in California Probate Code Section
13502 or 13503.
Section 1.10. Claims and Litigation. I give my attorney in fact the power to do all of the following:
(a)
Assert and prosecute before a court or administrative agency a claim, claim for relief, cause of
action, counterclaim, cross-complaint, or offset, and defend against an individual, a legal entity,
or government, including suits to recover property or any other thing of value, to recover
damages sustained by me, to eliminate or modify tax liability, or to seek an injunction, specific
performance, or other relief.
(b)
Bring an action to determine adverse claims [optional:, intervene in litigation, and act as amicus
curiae].
(c)
In connection with litigation,
(1) Procure an attachment, garnishment, libel, order of arrest, or other preliminary, provisional,
or intermediate relief, and use any available procedure to effect, enforce, or satisfy a judgment,
order, or decree.
(2) Perform any lawful act, including acceptance of tender, offer of judgment,admission of facts,
submission of a controversy on an agreed statement of facts, consent to examination before
trial, and bind me in litigation.
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(d)
Submit to arbitration, settle, and propose or accept a compromise with respect to a claim or
litigation.
(e)
Waive the issuance and service of process on me; accept service of process; appear for me;
designate persons on whom process directed to me may be served; execute and file or deliver
stipulations on my behalf; verify pleadings; seek appellate review; procure and give surety and
indemnity bonds; contract and pay for the preparation and printing of records and briefs; receive
and execute and file or deliver a consent, waiver, release, confession of judgment, satisfaction
of judgment, notice, agreement, or other instrument in connection with the prosecution,
settlement, or defense of a claim or litigation.
(f)
Act for me with respect to bankruptcy or insolvency proceedings, whether voluntary or
involuntary, concerning me or some other person, or with respect to a reorganization
proceeding, or with respect to an assignment for the benefit of creditors, receivership, or
application for the appointment of a receiver or trustee, that affects an interest of mine in
property or any other thing of value.
(g)
Pay a judgment against me or a settlement made in connection with litigation, and receive and
conserve money or any other thing of value paid in settlement of or as proceeds of a claim or
litigation.
Section 1.11. Personal and Family Maintenance. I give my attorney in fact the power to do all of
the following, subject to Section 1.20(d):
(a)
Do the acts necessary to maintain my usual standard of living, [if principal wishes to include
spouse or other family members, add: the usual standard of living of my
____________________ (describe family members, e.g., wife and children or husband,
children, and grandchildren)], and the usual standard of living of any other individuals
customarily or legally entitled to my support, including providing living quarters by purchase,
lease, or other contract, or paying the operating costs, including interest, amortization
payments, repairs, and taxes, on premises owned by me.
(b)
Provide for the individuals described in subsection (a) all of the following:
(1) Normal domestic help.
(2) Usual vacations and travel expenses.
(3) Funds for shelter, clothing, food, appropriate education, and other current living costs.
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(c)
Pay for the individuals described in subsection (a) necessary medical, dental, and surgical care,
hospitalization, and custodial care.
(d)
Continue any provision made by me, for the individuals described in subsection (a), for
automobiles or other means of transportation, including registering, licensing, insuring, and
replacing them.
(e)
Maintain or open charge accounts for the convenience of the individuals described in
subsection (a) and open new accounts my attorney in fact considers desirable to accomplish a
lawful purpose.
(f)
Continue payments incidental to my membership in or affiliation with a church, club, society,
order, or other organization and continue contributions to those organizations.
Section 1.12. Government Benefits Transactions. With respect to benefits from Social Security,
Medicare, Medi-Cal, or other governmental programs, or from civil or military service, I give my
attorney in fact the power to do all of the following:
(a)
Execute vouchers in my name for allowances and reimbursements payable to me by the United
States or a foreign government or by a state or subdivision of a state, including allowances and
reimbursements for my transportation and transportation of my
____________________ [wife or husband], my children, and other individuals customarily or
legally entitled to my support, and for shipment of our household effects.
(b)
Take possession and order the removal and shipment of my property from a post, warehouse,
depot, dock, or other place of storage or safekeeping, either governmental or private; and
execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other
instrument for that purpose.
(c)
Prepare, file, and prosecute my claim to a benefit or assistance, financial or otherwise, to which
I claim to be entitled under a statute or governmental regulation.
(d)
Prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with
respect to any benefits I may be entitled to receive.
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(e)
Receive the financial proceeds of a claim of the type described in this section; conserve, invest,
disburse, or use anything received for a lawful purpose.
Section 1.13. Retirement Plan Transactions. I give my attorney in fact the power to do all of the
following:
(a)
Select payment options under any retirement plan in which I participate, including plans
for self-employed individuals, ____________________ [including or but not including] the
power to designate ____________________ [himself or herself or themselves] as the
____________________ [beneficiary or beneficiaries].
(b)
Designate beneficiaries under retirement plans and change existing designations,
____________________ [including or but not including] the power to designate
____________________ [himself or herself or themselves] as the ____________________
[beneficiary or beneficiaries].
(c)
Make voluntary contributions to retirement plans.
(d)
Exercise the investment powers available under any self-directed retirement plan.
(e)
Make rollovers of plan benefits into other retirement plans.
(f)
If authorized by the plan, borrow from, sell assets to, and purchase assets from the plan.
(g)
Waive my right to be a beneficiary of a joint or survivor annuity if I am a spouse who is not
employed.
Section 1.14. Tax Matters. I give my attorney in fact the power to do all of the following:
(a)
Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, FICA returns, and
other tax returns, claims for refunds, requests for extension of time, petitions regarding tax
matters, and any other tax-related documents, including receipts, offers, waivers, consents
(including consents and agreements under Internal Revenue Code Section 2032A
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or any successor section), closing agreements, and any power of attorney required by the
Internal Revenue Service or other taxing authority with respect to a year beginning with
and including the year ____________________ and ending with and including the year
____________________.

PRACTICE TIP:
It is important that the years be exactly specified for which this power is to be effective.
The Internal Revenue Service insists on its own power of attorney forms that specific
years (or quarters in the case of quarterly taxes) be set forth [seeCh. 98, Powers of
Attorney]. This can be a broad range of years, e.g., 1990 through 2030, but simply saying
all years will not suffice in the Services view. Indeed, in the Services own forms, note
only the types of taxes must be enumerated, but the exact form numbers of each return
must be listed, such as 709, 1040, etc. If the planner believes that tax powers are likely
to be important, review of the instructions accompanying the Services own power of
attorney, Form 2848, should be seriously considered. These instructions explain the
rules limiting who is entitled to represent any taxpayer before the Service, and would
deny that power to an attorney in fact who does not fit into one of the listed categories of
representatives. Commentary by Albert G. Handelman.
(b)
Pay taxes due, collect refunds, post bonds, receive confidential information, and contest
deficiencies determined by the Internal Revenue Service or other taxing authority for any of the
taxes and tax periods specified above.
(c)
Exercise any election I may have under federal, state, local, or foreign tax law.
(d)
Act for me in all tax matters before the Internal Revenue Service and any other taxing authority
for any of the taxes and tax periods specified above.
Section 1.15. Property Acquired After Execution and Property Located and Powers Exercised
Outside State. The powers granted to my attorney in fact in this power of attorney are
exercisable equally with respect to an interest I have when this power of attorney is executed or
one that I acquire later, whether or not the property is located in California, and whether or not
the powers are exercised or the power of attorney is executed in this state.
[Optional; to specify attorney in facts power to affect trust created by principal, select one of two
following provisions:]
[First alternativepower to create, modify, or revoke trust:]
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Section 1.16. Creation, Modification, or Revocation of Trust. I give my attorney in fact the
power to establish any trust with my assets for ____________________ [my sole benefit or
my benefit and the benefit of my ____________________ (wife or husband) or my
benefit, the benefit of my ____________________ (wife or husband), and the benefit of my
dependents] on such terms as my attorney in fact determines are necessary or proper; to
transfer any asset in which I have an interest to any such trust or to any trust that I have
created; and to exercise in whole or in part, release, or let lapse any power I may have as an
individual and not as a fiduciary under any trust, whether or not created by me, including any
power of appointment, amendment, revocation, or withdrawal, but subject to the limitation that a
trust that I have created may be modified or revoked by my attorney in fact only if it is expressly
permitted by the trust instrument. My attorney in fact
____________________ [may or may not] be the trustee of any trust established by
____________________ [him or her or them].
[Second alternativepower to modify, revoke, or transfer assets to existing trust:]
Section 1.16. Modification, Revocation, or Transfer of Assets to Existing Trust. I give my
attorney in fact the power to transfer any asset in which I have an interest to the trustee then
acting under the trust instrument executed by me on ____________________[date], and
exercise in whole or in part, release, or let lapse, any power I may have as settlor under that
instrument, including any power of appointment, amendment, revocation, withdrawal of assets,
voting or directing the voting of shares of stock, managing or directing the investments subject
to the trust, borrowing assets from the trust, and removing the trustee, but subject to the
limitation that the trust may be modified or revoked by my attorney in fact only if it is expressly
permitted by the terms of the trust instrument that are in effect at the time the modification or
revocation is to be made.

PRACTICE TIP:
The planner may want to suggest to the client including a limitation, possibly precatory,
describing the estate planning goals to be achieved. This could take the form of specific goals that
the client would like to have the attorney in fact consider, or it could simply be an admonition to
have any change further the estate planning goals evidenced by the principals other estate
planning documents at the time the power is exercised. Commentary by Albert G. Handelman.
[Optional; power to provide for religious or spiritual needs:]
Section 1.17. Religious or Spiritual Needs. I give my attorney in fact the power to provide, in
connection with my care, and in accordance with my established beliefs and customary
activities, for the presence and involvement of church persons, clergy, or other persons to
attend to my spiritual needs and permit them access to me, maintain or arrange for my
membership in religious organizations, and permit my access to their activities and publications,
including books, tapes, and similar materials.
[Optional; power to care for pets:]
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Section 1.18. Pets. I give my attorney in fact the power to house, or arrange for the housing,
support, and maintenance of, any animals that I own or have custody of and to pay reasonable
boarding, kenneling, and veterinary fees for such animals [optional provision for disposal of
animal:, or if the support and maintenance of any such animal becomes unreasonably
expensive, to dispose of the animal in a humane fashion, preferably by finding another home for
the animal].
[Optional; power to make funeral and burial arrangements:]
Section 1.19. Funeral and Burial Arrangements. I give my attorney in fact the power to arrange
for my funeral or other memorial service and for burial or cremation of my remains, including the
purchase of a burial plot or other place for interment of my remains or ashes.

PRACTICE TIP:
Extreme caution should be exercised before including a provision such as this in a durable power
of attorney for property management. Most often, a provision dealing with this exact subject
matter will be included in a power of attorney for health care, and the attorney in fact acting under
each power may not be the same person. In order to avoid a conflict regarding this very sensitive
power, the planner should carefully review other documents which the client has already executed
to determine whether a problem might arise by use of this provision. Commentary by Albert G.
Handelman.
[Optional; power to make gifts:]
Section 1.20. Gifts. I give my attorney in fact the power to make gifts, grants, or other transfers
without consideration, of cash or other property, either outright or in trust, including the
forgiveness of indebtedness, in accordance with the provisions of this section.
(a)
Gifts may be made to ____________________ [designate permissible donees, e.g., my wife,
my issue, and any of my dependents or my husband and my children].
[If gifts to be made to charitable donees, add:]
(b)
Gifts may be made to any charitable organization ____________________ [that my attorney in
fact may in my attorney in facts discretion select or to which I have contributed in the five years
preceding the date that this power becomes effective]. My attorney in fact may complete any
charitable pledges of mine that have not been completed at the time that this power becomes
effective.
[If gifts may be made for medical or educational expenses of designated persons, add:]
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(c)
Amounts may be paid on behalf of ____________________ [designate persons, e.g., my wife,
my children, and my grandchildren or my husband and any of my issue] directly to providers of
educational services and medical care within the meaning of Internal Revenue Code Section
2503(e).
[Optional; to limit or prohibit gifts to attorney in fact, select one of four following provisions:]
[First alternativegifts limited by ascertainable standard:]
(d)
Notwithstanding any other provision in this section, my attorney in fact may make gifts to
____________________ [himself or herself or themselves], but only if
____________________ [he is or she is or they are] in need of funds to meet the reasonable
expenses of the following: (1) support in accordance with ____________________ [his or her or
their] accustomed manner of living; (2) medical, dental, hospital, and nursing services, and
other costs relating to the health care of my attorney in fact; or (3) the education of my attorney
in fact.
[Second alternativegifts limited to 5 or 5 amount:]
(d)
Notwithstanding any other provision in this section, my attorney in fact may make gifts to
____________________ [himself or herself or themselves], but any such gifts in any calendar
year may not exceed the greater of $5,000 or 5 percent of the assets subject to this power.
[Third alternativegifts limited to 5 or 5 amount, but not more than annual exclusion:]
(d)
Notwithstanding any other provision in this section, my attorney in fact may make gifts to
____________________ [himself or herself or themselves], but any such gifts in any calendar
year may not exceed the greater of $5,000 or 5 percent of the assets subject to this power;
however, if a gift made pursuant to the 5 percent provision would cause the imposition of a
federal gift tax on the principal because the aggregate amount of any gifts made in any one
calendar year to my attorney in fact would, but for this limitation, exceed
the amount that may be made free of federal gift tax to ____________________ [him or her or
them], then the amount of any gifts in any calendar year to my attorney in fact must
not exceed the amount that may be made freeof federal gift tax to ____________________
[him or her or them].
[Fourth alternativeno gifts to attorney in fact:]
(d)
Notwithstanding any other provision in this section, my attorney in fact may not make any
gift to ____________________ [himself or herself or themselves] or to any person to whom
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my attorney in fact owes an obligation of support.
[Optional; to require substantially equal gifts to principals descendants add:]
(e)
If my attorney in fact makes any gift to any descendant of mine, a gift of substantially equal
value must be made to any other descendant of mine of the same generation.

PRACTICE TIP:
This provision should be included only after fully discussing its impact with the client. Typically,
a power such as this will be designed for use as a sprinkling power, rather than one requiring
equal gifts to members of specific classes. In such cases, this provision could undermine the
clients estate planning goals, either causing unwanted balancing distributions to be made, or
convincing the attorney in fact to avoid making any distributions at all, including those the
principal would have wanted to be made. Commentary by Albert G. Handelman.
[Optional; to give directions as to payment of gift taxes, select one of two following alternatives:]
[First alternativeattorney in fact to pay gift tax:]
(f)
My attorney in fact may pay any gift tax that may arise by reason of any gift made.
[Second alternativeno gift tax because gifts limited to annual gift tax exclusion:]
(f)
Any gifts made pursuant to this section will not be future interests within the meaningof Internal
Revenue Code Section 2503, and the aggregate amount of any gifts made in any one calendar
year to an individual must not exceed the amount that may be made free of federal gift tax to a
person. The limitations in the preceding sentence will not apply to any gifts that incur no federal
gift tax, such as, for example, gifts that qualify for the unlimited federal marital gift tax deduction
or the charitable deduction.
[Continue as follows:]
(g)
My attorney in fact may consent to the splitting of gifts under Internal Revenue Code
Section 2513 or successor sections if my ____________________ [wife or husband] makes
gifts to any one or more of my descendants or to a charitable institution.
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[Optional: to nominate conservator, select one of two following provisions:]PRACTICE TIP:
Durable powers of attorney are often explained to clients as the final means by which the
necessity for imposition of a conservatorship may be avoided. Indeed, they may well fill that role
in actual practice. However, the planner should focus on the fact that there are two distinct types
of probate conservatorships: conservatorships of the person, and conservatorships of the estate. A
power of attorney for health care [ see Ch. 104, Health Care Transactions, Consents, and
Directives], especially when coupled with a durable power of attorney for personal care,
largely replaces a conservatorship of the person. A durable power of attorney for
property management essentially obviates the need for a conservatorship of the
estate.Accordingly, many planners believe that the use of a durable power of attorney to
nominate conservators should take into account this natural alignment. Thus, a power of
attorney for health care would include a nomination of conservators of the person only,
and a durable power of attorney for property management would include a nomination of
conservators of the estate only. Commentary by Albert G. Handelman.
[First alternativeone nominee as conservator of both person and estate:]
Section 1.21. Conservator. If at any time proceedings are initiated for the appointment of a
conservator of my person or my estate or both, I hereby nominate ____________________
[name of nominee], currently a resident of ____________________ [county and state], as
conservator of both my person and my estate. I hereby waive the requirement of a bond
if ____________________ [name of nominee] is appointed as conservator of my estate. I
request that, if ____________________ [he or she] is appointed conservator of my
estate by a court of this state, the court make an order granting ____________________ [him
or her] all or as many of the independent powers listed in California Probate Code Section 2591
as the court finds appropriate.
[Second alternativedifferent nominees for conservator of person and conservator of estate:]
Section 1.21. Conservator. If at any time proceedings are initiated for the appointment of a
conservator of my person, I nominate ____________________[name], currently a
resident of ____________________ [county and state], as conservator of my person. If at any
time proceedings are initiated for the appointment of a conservator of my estate, I
nominate ____________________[name], currently a resident of ____________________
[county and state], as conservator of my estate. [Add if applicable: I hereby waive the
requirement of a bond if ____________________[name] is appointed as conservator of
my estate.] I request that, if ____________________ [name of person nominated as
conservator of estate] is appointed conservator of my estate by a court of this state, the court
make an order granting to such person all or as many of those independent powers listed in
California Probate Code Section 2591 as the court finds appropriate.
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[Third alternativeattorney in fact authorized to nominate conservators of person and estate:]
Section 1.21. Power to Nominate Conservator. If at any time proceedings are initiated for the
appointment of a conservator of my person or my estate or both, I authorize my
attorney[s] in fact to nominate whomever ____________________ [he or she or they], in
____________________ [his or her or their] discretion, believe[s] appropriate as
conservator of my estate, [but not] including the power to nominate ____________________
[himself or herself or themselves], and whomever ____________________ [he or she or
they], in ____________________ [his or her or their] discretion, believe[s] appropriate as
conservator of my person, [but not] including the power to nominate
____________________ [himself or herself or themselves]. I authorize my attorney[s] in fact to
waive the requirement of a bond for any person so appointed, if my attorney[s] in fact,
in ____________________ [his or her or their] discretion, believe[s] that such a waiver is
appropriate.
[Continue as follows:]
Section 1.22. Restrictions on Property Management Powers. Notwithstanding any other
provision of this power, my attorney in fact will not have any of the following powers related to
property management:
(a)
To use my property to discharge the legal obligations of my attorney in fact, including but not
limited to the support of the dependents of my attorney in fact, except for those dependents to
whom I also, along with my attorney in fact, owe a duty of support.
(b)
To exercise any incident of ownership over any insurance policy that I own and that insures the
life of my attorney in fact.
ARTICLE TWO
AMPLIFYING PROVISIONS
[If power of attorney becomes effective only on principals incapacity, add:]
Section 2.01. Determination of Incapacity. For all purposes under this power, I will be
deemed to be incapacitated at such time as ____________________ [specify name(s) of
person(s) who will make determination], by written declaration under penalty of perjury, certify
that I am unable properly to care for myself or for my person or property; or, when a court of
competent jurisdiction, by order so determines. The original declaration, or a certified copy of
the court order, as the case may be, made or issued in accordance with this section, must be
attached to the original of this power of attorney and may be recorded in any county or counties
in which the original has been recorded. Any person may act in reliance on a written declaration
or court order made or issued in accordance with this section, without the necessity of inquiring
as to whether I am in fact incapacitated as provided in this section.
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[If power of attorney becomes effective only on principals incapacity, add:]
Section 2.02. Determination of Regained Capacity. After a determination of incapacity in
accordance with Section 2.01, I will be deemed to have regained capacity at such time as
____________________ [specify name(s) of person(s) who will make determination], by written
declaration under penalty of perjury, certify that I have regained the capacity to properly care for
myself or for my person or property; or, when a court of competent jurisdiction, by order so
determines. The original declaration, or a certified copy of the court order, as the case may be,
made or issued in accordance with this section, must be attached to the original of this power of
attorney and may be recorded in any county or counties in which the original has been
recorded. Any person may act in reliance on a written declaration or court order made or issued
in accordance with this section, without the necessity of inquiring as to whether I am in fact
incapacitated as provided in this section.
[To provide for attorney in facts compensation, or to prohibit compensation, select one of four
following provisions:]
[First alternativeno compensation:]
Section 2.03. No Compensation. My attorney in fact will not be entitled to compensation for any
services rendered as attorney in fact under this power.
[Second alternativereasonable compensation:]
Section 2.03. Compensation. My attorney in fact will be entitled to reasonable compensation for
services rendered as attorney in fact under this power of attorney. Factors that should be
considered in determining the amount of the compensation are: the time expended by my
attorney in fact, the value of the property over which my attorney in fact exercises control and
management, and the complexity of the transactions entered into by my attorney in fact. My
attorney in fact may pay the compensation from my assets once each
____________________ [time period of payment, e.g., month or year], and must keep records
of the services performed, the time spent in performing them, and the date and amount of each
payment. [To place overall limit on amount of compensation, add: The amount of the
compensation to which my attorney in fact will be entitled under this section
will in no event exceed ____________________ (specify limit, e.g., 2 percent of the fair market
value of the property over which my attorney in fact exercises control and management,
determined on an annual basis or the sum of $100 per month or the sum of $1,000 per year).]
[To require attorney in fact to give third party notice of compensation,
add: My attorney in fact must, once each ____________________ (time period, e.g., month
or year), provide ____________________ (name and address of third party) with a written
notice showing the total time spent in performing the services, a description of the
services performed, and the amount of compensation paid to ____________________ (himself
or herself or themselves) for each such time period.] [If compensation is to be divided between
two attorneys in fact, add: The two persons serving as my attorney in fact must divide the total
amount of compensation between them in proportion to the work done and the attention given
to the assets subject to their management by each of them.]
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PRACTICE TIP:
The age of the principal at the time of execution of the document should be considered before
including specific dollar amount limits. What may seem to be a reasonable fee at the time of
execution could be viewed as paltry 30 years later, when the attorney in fact is spending
significant time managing the principals affairs. While this problem could be avoided with the
inclusion of a cost-of-living escalator clause, such clauses tend to be rather lengthy, and the
amount of space devoted to such a clause might seem out of place in relation to the purpose of the
durable power of attorney. Commentary by Albert G. Handelman.
[Third alternativereasonable compensation based on corporate trustees fees:]
Section 2.03. Compensation. My attorney in fact will be entitled to reasonable compensation for
services rendered as attorney in fact. The amount of compensation will be determined in
accordance with the fees of corporate trustees for inter vivos trusts in effect during the period of
management in the city where the largest part of the assets subject to this power of attorney are
located. My attorney in fact may pay the compensation from my
assets once each ____________________ [time period of payment, e.g., month or year], and
must keep records of the services performed, the time spent in performing them, the fee
schedule consulted to determine the amount of the compensation, and the date and amountof
each payment. [To place overall limit on amount of compensation, add: The amount of the
compensation to which my attorney in fact will be entitled under this section
will in no event exceed ____________________ (specify limit, e.g., 2 percent of the fair market
value of the property over which my attorney in fact exercises control and management,
determined on an annual basis or the sum of $100 per month or the sum of $1,000 per year).]
[To require attorney in fact to give third party notice of compensation,
add: My attorney in fact must, once each ____________________ (time period, e.g., month
or year), provide ____________________ (name and address of third party) with a written
notice showing the amount of time spent in performing the services, a description of the
services performed, the fee schedule consulted to determine the amount of the compensation,
and the date and amount of each payment.] [If compensation is to be divided between two
attorneys in fact, add: The two persons serving as my attorney in fact must divide the total
amount of compensation between them in proportion to the work done and the attention given
to the assets subject to their management by each of them.]
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PRACTICE TIP:
The age of the principal at the time of execution of the document should be considered before
including specific dollar amount limits. What may seem to be a reasonable fee at the time of
execution could be viewed as paltry 30 years later, when the attorney in fact is spending
significant time managing the principals affairs. While this problem could be avoided with the
inclusion of a cost-of-living escalator clause, such clauses tend to be rather lengthy, and the
amount of space devoted to such a clause might seem out of place in relation to the purpose of the
durable power of attorney. Commentary by Albert G. Handelman.
[Fourth alternativecompensation according to hourly rate:]
Section 2.03. Compensation. My attorney in fact will be entitled to compensation for
services rendered as attorney in fact under this power at the rate of ____________________
[specify amount, e.g., $20] per hour. My attorney in fact may pay the compensation from
my assets once each ____________________[time period of payment, e.g., month or year],
and must keep records of the services performed, the time spent in performing them, and the
date and amount of each payment. [To place overall limit on amount of compensation, add: The
amount of the compensation to which my attorney in fact will be entitled under
this section will in no event exceed ____________________ (specify limit, e.g., 2 percent of the
fair market value of the property over which my attorney in fact exercises control and
management,determined on an annual basis or the sum of $100 per month or the sum of
$1,000 per year).] [To require attorney in fact to give third party notice of compensation, add:
My attorney in fact must, once each ____________________ (time period, e.g., month or
year), provide ____________________ (name and address of third party) with a written notice
showing the amount of time spent in performing the services, a description of the services
performed, the fee schedule consulted to determine the amount of the compensation, and the
date and amount of each payment.] [If compensation is to be divided between two attorneys in
fact, add: The two persons serving as my attorney in fact must divide the total amount of
compensation between them in proportion to the work done and the attention given to the
assets subject to their management by each of them.]
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PRACTICE TIP:
The age of the principal at the time of execution of the document should be considered before
including specific dollar amount limits. What may seem to be a reasonable fee at the time of
execution could be viewed as paltry 30 years later, when the attorney in fact is spending
significant time managing the principals affairs. While this problem could be avoided with the
inclusion of a cost-of-living escalator clause, such clauses tend to be rather lengthy, and the
amount of space devoted to such a clause might seem out of place in relation to the purpose of the
durable power of attorney. Commentary by Albert G. Handelman.
[Continue as follows:]
Section 2.04. Reimbursement for Costs and Expenses. My attorney in fact will be entitled to
reimbursement from my property for expenditures properly made in performing the services
conferred by me in this power. My attorney in fact must keep records of any such expenditures
and reimbursement.
Section 2.05. Reliance by Third Parties. To induce third parties to act in accordance with the
powers granted to my attorney in fact in this document, I represent and warrant:
(a)
If this document is revoked or amended for any reason, I, my estate, my heirs, successors, and
assigns will hold any third party harmless from any loss suffered, or liability incurred, by the third
party in acting in accordance with this document before the third partys receipt of written notice
of termination or amendment.
(b)
Subject to any other provisions of this power, the powers conferred on my attorney in fact may
be exercised alone, and my attorney in facts signature or act under the authority granted in this
document may be accepted by third parties as fully authorized by me and with the same force
and effect as if I were personally present, competent, and acting on my own behalf.
(c)
No person who acts in reliance on any representation of my attorney in fact as to the scope of
my attorney in facts authority granted under this document will incur any liability to me, my
estate, my heirs, successors, or assigns for permitting my attorney in fact to exercise any such
power, nor will any person who deals with my attorney in fact be responsible to determine or
ensure the proper application of funds or property.
(d)
All third parties from whom my attorney in fact may request information regarding my personal
affairs or my physical or mental health, including medical, dental, and hospital
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records, are hereby authorized to provide such information to my attorney in fact without
limitation and are released from any legal liability whatsoever to me, my estate, my heirs,
successors, or assigns for complying with those requests. I authorize in advance all physicians,
dentists, psychiatrists, and psychologists who have treated me, and all other providers of health
care, including hospitals, to release to my attorney in fact all information or photocopies of any
records that my attorney in fact may request. If I am able to confirm this authorization at the time
of the request, third parties may seek such confirmation from me, but this authorization will not
be conditional on that confirmation. Physicians, hospitals, and other providers of health care
must treat the request of my attorney in fact as that of a legal representative of an incompetent
patient (as contemplated by California Civil Code Section 56.11(c)(2), or any successor section)
and must honor that request on that basis. I waive any privilege applicable to such information
and records, and to any communication pertaining to me and made in the course of a physician-
patient or psychiatrist-patient relationship.
Section 2.06. Ratification. I ratify and confirm all that my attorney in fact does or causes to be
done under the authority granted in this power. All contracts, promissory notes, checks, or other
bills of exchange, drafts, other obligations, stock powers, instruments, and other documents
signed, endorsed, drawn, accepted, made, executed, or delivered by my attorney in fact will
bind me, my estate, my heirs, successors, and assigns.
[Optional; insert only if principal wishes to relieve attorney in fact of liability for acts other than
willful misconduct or gross negligence:]
Section 2.07. Exculpation of Attorney in Fact. My attorney in fact will not be liable to me or any
of my successors in interest for any action taken or not taken in good faith, but will be liable for
any willful misconduct or gross negligence.
[Continue as follows:]
Section 2.08. Revocation and Amendment. I revoke any and all durable powers of attorney for
property management and personal care (but not durable powers of attorney for health care)
that I have executed before executing this power of attorney. I retain the right to revoke or
amend this power and to substitute other attorneys in fact in place of my attorney in fact.
Amendments to this power of attorney must be made in writing by me personally (not by my
attorney in fact). They must be attached to the original of this document and, if the original is
recorded, must be recorded in the same county or counties as the original, although failure to
record any amendment will not alter its affect.
[Optional; to eliminate power of specific person(s) to petition court:]
Section 2.09. Power to Petition Court. I expressly eliminate, pursuant to California Probate
Code Section 4503(a), the authority of ____________________ [name(s) or description, e.g.,
my son, Robert J. Green or my children or grandchildren] to petition the court under California
Probate Code Sections 4540 et seq.,or any successor sections [if desired, add further
specification, e.g., so long as my wife is living and competent].
ARTICLE THREE
GENERAL PROVISIONS
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[To specify form of attorney in facts signature, select one of following provisions:]
[First alternativeone attorney in fact:]
Section 3.01. Signature of Attorney in Fact. My attorney in fact must use the following form
when signing on my behalf pursuant to this power: ____________________ [name of
principal] by ____________________ [name of attorney in fact], ____________________ [his
or her] attorney in fact.
[Second alternativetwo attorneys in fact, required to act unanimously:]
Section 3.01. Signature of Attorney in Fact. My attorney in fact must use the following form
when signing on my behalf pursuant to this power: ____________________ [name of
principal] by ____________________ [name of first attorney in fact] and
____________________ [name of second attorney in fact], ____________________ [his or
her] attorney in fact.
[Third alternativetwo attorneys in fact, with power to act alone:]
Section 3.01. Signature of Attorney in Fact. ____________________ When signing on my
behalf pursuant to this power, [name of first attorney in fact] must use the following form:
____________________ [name of principal] by ____________________ [name of first
attorney in fact], ____________________ [his or her] attorney in fact. When signing on my
behalf pursuant to this power, ____________________ [name of second attorney in fact]
must use the following form: ____________________ [name of principal] by
____________________ [name of second attorney in fact], ____________________ [his or
her] attorney in fact.
[Continue as follows:]
Section 3.02. Severability. If any of the provisions of this power are found to be invalid for any
reason, that invalidity will not affect any of the other provisions of this power, and all invalid
provisions will be wholly disregarded.
Section 3.03. Governing Law. This power of attorney is executed according to the provisions of
the Power of Attorney Law of California, and all questions relating to the validity, interpretation,
and administration of this power will be determined in accordance with that law.
This Durable Power of Attorney is executed by me on ____________________ [month,
day], ____________________ [year], at ____________________, California.
____________________ [signature]
[name of principal]
ACCEPTANCE BY ATTORNEY IN FACT
Dated: ____________________.
[EITHER, for one attorney in fact:]
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____________________ [signature]
[name of attorney in fact]
[OR, for two attorneys in fact:]
____________________ [signature]
[name of first attorney in fact]
____________________ [signature]
[name of second attorney in fact]

PRACTICE TIP:
A prospective attorney in fact may be reluctant to sign a durable power of attorney if he
or she will be legally obligated to act under it at some unspecified time in the possibly
distant future. The planner may wish to include a statement that will make Probate Code
Section 4230(c) inapplicable, even though the attorney in fact has signed the durable
power of attorney. Such a provision could read as follows: In signing this durable power
of attorney, the attorney in fact acknowledges and accepts
____________________ [his or her] appointment as attorney in fact; provided, however,
that this acknowledgment and acceptance is not meant to indicate that the attorney in
fact agrees to act under this durable power of attorney at any particular time, under any
particular circumstances, or regarding any particular transaction, and the provisions of
Prob. Code 4230(c) shall not apply to this durable power of attorney despite the
attorney in facts execution of this acknowledgment and acceptance. Commentary by
Albert G. Handelman.
ACKNOWLEDGMENT
[Acknowledgments taken in California must be in the following form (Civ. Code 1189(a)):]
State of California
County of ____________________

On ____________________[date], before me, ____________________ [name and title of officer taking acknowledgment],
personally appeared ____________________ [name(s) of person(s) signinginstrument], ____________________ who
proved to me on the basis of satisfactory evidence to be the person[s] whose name[s] ____________________ [is or are]
subscribed to the within instrument and acknowledged to me that ____________________ [he or she or they] executed
the same in ____________________ [his or her or their] authorized ____________________ [capacity or capacities], and
that by ____________________ [his or her or their] signature[s] on the instrument the person[s], or the entity upon behalf of
which the person[s] acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct.
WITNESS my hand and official seal.
Signature ____________________[Seal]
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[Include lawyers certificate required by Prob. Code 4503(a)(2) if power of attorney includes provision in Section 2.09 limiting
authority to petition court:]
LAWYERS CERTIFICATE
(Prob. Code 4503(a)(2))
I am a lawyer authorized to practice law in the state where this power of attorney was executed, and the principal was
my client at the time this power of attorney was executed. I have advised my client concerning ____________________ [his or
her] rights in connection with this power of attorney and the applicable law and the consequences of signing or not signing this
power of attorney, and my client, after being so advised, has executed this power of attorney.
Dated: ____________________
____________________ [signature]
[name of attorney]
Law Firm: ____________________ [ firm name]
Address: ____________________
Telephone Number: ____________________
California Legal Forms--Transaction Guide
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