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Durable means for a determinable period with a reasonable certainty that the use, possession, or claim with respect to the property or improvements will continue for that period.
A power of attorney can be created without legal assistance and almost free of charge. In fact, one can find a free POA form online and simply print it and fill it out. One can also have a POA created online for as little as $35.
Steps for Making a Financial Power of Attorney in California Create the POA Using a Statutory Form, Software, or Attorney. Sign the POA in the Presence of a Notary Public or Two Witnesses. Store the Original POA in a Safe Place. Give a Copy to Your Agent. File a Copy With the Land Records Office.
Powers of attorney concerning real property must be acknowledged (docHubd). There is no statutory requirement that the power of attorney be recorded with the County Recorder in the county where the real property is located.
Yes, California law requires that the Durable Power of Attorney must be docHubd or signed by at least two witnesses. In California, a principal cannot act as one of the witnesses.
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THIS DURABLE POWER OF ATTORNEY MUST BE DATED AND MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR SIGNED BY TWO WITNESSES. IF IT IS SIGNED BY TWO WITNESSES, THEY MUST WITNESS EITHER (1) THE SIGNING OF THE POWER OF ATTORNEY OR (2) THE PRINCIPALS SIGNING OR ACKNOWLEDGMENT OF HIS OR HER SIGNATURE.
Without any such specific designation, a POA terminates upon the grantors death. This means that the person that you selected as your power of attorney would not be able to handle any financial matters on your behalf when you pass away.
It should be noted that a general durable power of attorney in California cannot be replaced with a living trust because a power of attorney immediately expires upon the principals death. There are other limitations to a power of attorney.
A California POA can only be created by a principal who is 18 years of age or older. The principal must also have the legal capacity to enter into a contract. A general or limited POA must be signed by the principal and two witnesses or a notary.
A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the persons freedom to handle your assets and manage your care. A limited power of attorney restricts the agents power to particular assets.

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