Springing Durable Power of Attorney with Detailed Powers for California

Type of Durable Power of Attorney document that only comes into effect after certain conditions are met, typically when the principal becomes disabled, incapacitated, or mentally incompetent.

Springing Durable Power of Attorney
with Detailed Powers

I, Full Name, principal, of the City of City, State of State, here by designate Agent Name of the City of Agent City, State of Agent State, my attorney-in-fact and agent (subsequently called my agent), in my name, and for my benefit:

  1. General Grant of Power. To exercise or perform any act, power, duty, right, or obligation whatsoever that I now have or may hereinafter acquire relating to any property, real or personal, tangible or intangible, now owned or hereafter acquired by me, including, without limitation, the, following specifically enumerated powers. I grant to my agent full power and authority to do everything necessary in exercising any of the powers herein granted as fully as I might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that my agent shall lawfully do or cause to be done by virtue of this power of attorney and the powers herein granted.
    1. Power of Collection and Payment. To forgive, request, demand, sue for, recover, collect, receive, hold all such sums of money, debts, dues, commercial paper, checks, drafts, accounts, deposits, annuities, pensions, profit sharing retirement, social security, insurance, and other contractual benefits and proceeds, all documents of title, all property, real or personal, tangible or intangible property rights and demands whatsoever, liquidated or unliquidated, now or hereafter owned by or due, owing, payable or belonging to me, or in which I have or may hereafter acquire an interest; to have, use and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to execute and deliver for me, on my behalf and in my name, all endorsements, releases, receipts, or other sufficient discharges for the same;
    2. Power to Acquire and Sell To acquire, purchase, exchange, grant options to sell, and convey real or personal property, tangible or intangible, or interests therein, on such terms and conditions as my agent shall deem proper;
    3. Management Powers. To maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with any real or personal property, tangible or intangible, or any interest therein, that I now own or may hereinafter acquire, in my name and for my benefit, upon such terms and conditions as my agent shall deem proper;
    4. Banking Powers. To make, receive and endorse checks and drafts, deposit, and withdraw funds, acquire and redeem certificates of deposit in banks, savings and loan associations, and other institutions, execute or lease such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein grant;
    5. Motor Vehicles. To apply for a Certificate of Title upon, and endorse and transfer title thereto, for any automobile, truck, pickup, van, motorcycle, or other motor vehicle, and to represent in such transfer assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer assignment;
    6. Business Interest. To conduct or participate in any lawful business of whatever nature for me and in my name; execute partnership agreements and amendments thereto, incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate, or dissolve any business; elect or employ officers, directors, and agents; carry out the provisions of any agreement for the sale of any business interest or the stock therein; and exercise voting rights with respect to stock, either in person or by proxy, and exercise stock options;
    7. Tax Powers. To prepare, sign, and file joint or separate income-tax returns or declarations of estimated tax returns with respect to gifts made by me for any year or years; to consent to any gift and to utilize any gift-splitting provisions or other tax election; and to prepare, sign, and file any claims for refund of any tax;
    8. Safety Deposit Boxes. To have access at any time or times to any safe deposit box rented by me, wheresoever located, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe deposit box, and any institution in which any such safe deposit box may be located shall not incur any liability to me or my estate as a result of permitting my agent to exercise this power
  1. Interpretation and Government Law. This instrument is to be construed and interpreted as a springing general durable power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general power herein granted to my agent. This instrument is executed and delivered in the state of California, and the laws of said state shall govern all questions as to the validity of this power and construction of its provisions.
  2. Third-Party Reliance. Third parties may rely upon the representations of my agents as to all matters, to any power granted to my agent, and no person who may act in reliance upon the representation of my agent, or the authority granted to my agent, shall incur any liability to me or my estate as a result of permitting my agent to exercise any power.
  3. Effective upon Disability of Principal This Springing General Power of Attorney shall become effective upon my subsequent incapacity, disability or incompetency.
  4. Determination of Incapacity. My incapacity, disability, or incompetency shall be determined upon the following events and upon the following evidences:

    a) A court order rendered by an appropriate court holding to me to be legally incapacitated to act on my own behalf, or appointing a conservator, or other protective proceeding; or

    b) A duly executed written certificate from a disinterested licensed physician of the state of my then residence, certifying that such physician has examined me and concluded that by reason of illness or physical or mental disability, I had, at the date of said certificate, become incapacitated to act efficiently or rationally and prudently in the management of property.

IN WITNESS WHEREOF, I have executed this Springing General Durable Power of Attorney, and I have directed that photographic copies of this power shall have the same force and effect as an original.

__________________________
PRINCIPAL

Attested and subscribed in the presence of the principal and subsequent to the principal subscribing same:

_______________________________________

_______________________________________

WITNESS

WITNESS

STATE OF State

COUNTY OF County

On the ______ day of _____________, _______, personally appeared before me, name of notary public, the signer of the within instrument, who duly acknowledged to me that (s)he executed the same.

____________________________________
Notary Public

____________________________________
Residing at:

____________________________________
My commission expires:

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