Section 4128 Of Chapter 2. Creation And Effect Of Powers Of Attorney From California Probate Code >> Division 4.5. >> Part 2. >> Chapter 2.
4128
. (a) Subject to subdivision (b), a printed form of a durable
power of attorney that is sold or otherwise distributed in this state
for use by a person who does not have the advice of legal counsel
shall contain, in not less than 10-point boldface type or a
reasonable equivalent thereof, the following warning statements:
Notice to Person Executing Durable Power of Attorney
A durable power of attorney is an important legal document. By
signing the durable power of attorney, you are authorizing another
person to act for you, the principal. Before you sign this durable
power of attorney, you should know these important facts:
Your agent (attorney-in-fact) has no duty to act unless you and
your agent agree otherwise in writing.
This document gives your agent the powers to manage, dispose of,
sell, and convey your real and personal property, and to use your
property as security if your agent borrows money on your behalf. This
document does not give your agent the power to accept or receive any
of your property, in trust or otherwise, as a gift, unless you
specifically authorize the agent to accept or receive a gift.
Your agent will have the right to receive reasonable payment for
services provided under this durable power of attorney unless you
provide otherwise in this power of attorney.
The powers you give your agent will continue to exist for your
entire lifetime, unless you state that the durable power of attorney
will last for a shorter period of time or unless you otherwise
terminate the durable power of attorney. The powers you give your
agent in this durable power of attorney will continue to exist even
if you can no longer make your own decisions respecting the
management of your property.
You can amend or change this durable power of attorney only by
executing a new durable power of attorney or by executing an
amendment through the same formalities as an original. You have the
right to revoke or terminate this durable power of attorney at any
time, so long as you are competent.
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 principal's signing or
acknowledgment of his or her signature. A durable power of attorney
that may affect real property should be acknowledged before a notary
public so that it may easily be recorded.
You should read this durable power of attorney carefully. When
effective, this durable power of attorney will give your agent the
right to deal with property that you now have or might acquire in the
future. The durable power of attorney is important to you. If you do
not understand the durable power of attorney, or any provision of
it, then you should obtain the assistance of an attorney or other
qualified person.