california durable power of attorney for finances form

#California durable power of attorney for finances form full

In addition to criminal prosecution, you may also be sued in civil court. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse under Penal Code Section 368.

If you transfer the principals property to yourself without specific authorization in the power of attorney, you may be prosecuted for fraud and/or embezzlement.

#California durable power of attorney for finances form full

You may not transfer the principals property to yourself without full and adequate consideration or accept a gift of the principals property unless this power of attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you. The legal duty to act solely in the interest of the principal and to avoid conflicts of interest.Ģ. Notice to Person Accepting the Appointment as Attorney-in-Fact:īy acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary and other legal responsibilities of an agent.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. On _ before me, _, 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 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.

A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.