How do I Terminate the California Power of Attorney?

If you wish to terminate a Power of Attorney, you must prepare a Revocation Letter for your Agent(s), sign it in front of a Notary Public, and deliver it to your Agents. A Revocation will not take effect until your Agents have been reasonably notified. It is also a good idea to share this letter with any third-parties that your Agent has interacted with on your behalf. Your Power of Attorney will also automatically end if your Agent is unavailable. It is a good idea to name a successor Agent to take over the responsibilities if your original Agent is no longer available (i.e., you divorce your spouse who was your Agent, or your Agent becomes deceased)

Who needs to Sign my California Power of Attorney?

In California, the Power of Attorney must be signed by you (the Principal) and two witnesses, OR a notary.

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California General Power of Attorney

[Sender.FirstName][Sender.LastName][Sender.Company]

Prepared by:

CALIFORNIA DURABLE POWER OF ATTORNEY

I, [Sender.FirstName][Sender.LastName], appoint [Agent.FirstName][Agent.LastName] at [Agent.Country][Agent.State][Agent.StreetAddress][Agent.City][Agent.PostalCode] as my Agent to act for me in any lawful way with respect to the following initialed subjects:

Real Property Transactions;
Tangible Personal Property Transactions;
Stock and Bond Transactions;
Commodity and Option Transactions;
Banking and Other Financial Institution Transactions;
Business Operating Transactions
Insurance and Annuity Transactions
Estate, trust, and other Beneficiary Transactions;
Claims and Litigation;
Personal and Family Maintenance;
Benefits from Social Security, Medicare, Medicaid or other Governmental Programs or Civil or Military Service
Retirement Plan Transactions;
Tax Matters;
ALL OF THE POWERS LISTED IN (A) THOUGH (O).

SPECIAL INSTRUCTIONS

(add special instructions to limit or expand the powers granted to your Agent)

EXERCISE OF POWER OF ATTORNEY WHERE MORE THAN ONE AGENT IS DESIGNATED

If I have designated more than one agent, the agents are to act (“separately”/ "jointly”).

I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.

Signature

MM / DD / YYYY

[Sender.FirstName][Sender.LastName]

[Sender.Country][Sender.State]

By accepting or acting under the appointment, the Agent assumes the fiduciary and other legal responsibilities of an agent.

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.

CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC

State of California

County of (Insert Country)

On (date) before me, [Notary.FirstName][Notary.LastName], personally appeared (Principal Name), who provided to me onthe basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/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 paragraph is true and correct.

WITNESS my hand and official seal.

Signature

MM / DD / YYYY

(Notary Seal)

[Notary.FirstName][Notary.LastName]

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FAQ

If you wish to terminate a Power of Attorney, you must prepare a Revocation Letter for your Agent(s), sign it in front of a Notary Public, and deliver it to your Agents. A Revocation will not take effect until your Agents have been reasonably notified. It is also a good idea to share this letter with any third-parties that your Agent has interacted with on your behalf.
Your Power of Attorney will also automatically end if your Agent is unavailable. It is a good idea to name a successor Agent to take over the responsibilities if your original Agent is no longer available (i.e., you divorce your spouse who was your Agent, or your Agent becomes deceased)

In California, the Power of Attorney must be signed by you (the Principal) and two witnesses, OR a notary.

What is a Power of Attorney?

A Power of Attorney is a legally binding agreement that gives an individual the authority to act on your behalf. The individual you select to act on your behalf will become known as the “Agent”. You should only select someone that you trust to fulfill this role. The appointed Agent will be legally permitted to act on your behalf in matters specified by you (the “Principal”), like paying your bills or managing your finances. To see all the state requirements, review the California Probate Code Division 4.5: Sections 4000 – 4545.

In California, there are three different types of Power of Attorney:

General Power of Attorney: Can be used to authorize your Agent to handle a variety of financial matters on your behalf (i.e., investments, real estate, payments, etc.)
Limited Power of Attorney : This is also known as a “Specific Power of Attorney”. It can be used to authorize your Agent to act on your behalf only in the matters that you specify in the document. (e.g., to complete a specific real estate transaction for a property while you are traveling).
Healthcare Power of Attorney: Can be used to authorize your Agent to make healthcare decisions on your behalf.

When will my Power of Attorney Form Go into Effect?

You can specify in your Power of Attorney when the document will go into effect. Depending on the language you add to your Power of Attorney, if will become effective in the following ways:

Durable Power of Attorney: If you specify this, your power of attorney will go into effect once it is signed, and will remain in effect until you destroy or revoke it.
Springing Power of Attorney: You can specify that your Power of Attorney will go into effect at a certain date or under certain situations. For instance, you can specify that it will go into effect only if you become incapacitated, or that the document will remain in effect for only one year.

What Should I do with my Power of Attorney once Complete?

To make your power of attorney valid, you must sign it in front of a Notary Public
Once signed and certified by you and the Notary Public, you should make a copy and give it to your agent or agents, and keep the original document in a safe space.
You can also deliver a copy to financial institutions or other places that your agent may need to work with on your behalf.

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