SPECIAL DURABLE POWER OF ATTORNEY
FOR BANK ACCOUNT MATTERS
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.
NOTICE TO PERSON ACCEPTING THE APPOINTMENT AS ATTORNEY-IN-FACT BY 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. THESE
RESPONSIBILITIES INCLUDE:
1. THE LEGAL DUTY TO ACT SOLELY IN THE INTEREST OF THE PRINCIPAL AND TO AVOID
CONFLICTS OF INTEREST.
2. THE LEGAL DUTY TO KEEP THE PRINCIPAL'S PROPERTY SEPARATE AND DISTINCT FROM
ANY OTHER PROPERTY OWNED OR CONTROLLED BY YOU. YOU MAY NOT TRANSFER THE
PRINCIPAL'S PROPERTY TO YOURSELF WITHOUT FULL AND ADEQUATE CONSIDERATION
OR ACCEPT A GIFT OF THE PRINCIPAL'S PROPERTY UNLESS THIS POWER OF ATTORNEY
SPECIFICALLY AUTHORIZES YOU TO TRANSFER PROPERTY TO YOURSELF OR ACCEPT A
GIFT OF THE PRINCIPAL'S PROPERTY. IF YOU TRANSFER THE PRINCIPAL'S PROPERTY TO
YOURSELF WITHOUT SPECIFIC AUTHORIZATION IN THE POWER OF ATTORNEY, YOU MAY
BE PROSECUTED FOR FRAUD AND/OR EMBEZZLEMENT. 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. IN ADDITION TO CRIMINAL PROSECUTION, YOU MAY ALSO BE SUED IN CIVIL
COURT.
I HAVE READ THE FOREGOING NOTICE AND I UNDERSTAND THE LEGAL AND FIDUCIARY
DUTIES THAT I ASSUME BY ACTING OR AGREEING TO ACT AS THE AGENT (ATTORNEY-IN-
FACT) UNDER THE TERMS OF THIS POWER OF ATTORNEY.
DATE: ________________
___________________________________
(Signature of Agent)
___________________________________
(Print Name of agent)
STATE OF CALIFORNIA
COUNTY OF ___________________________
KNOW ALL MEN BY THESE PRESENTS:
That I, __________________________________ of _______________________
County, California, being of sound mind and memory, do hereby make, constitute and appoint
__________________________________ as my true and lawful agent and attorney in fact
(hereinafter sometimes called "my agent"), with full power and authority to act for me,
individually, and in my name, place and stead, with reference to the transaction of any and all
business related to or connected with my bank accounts at
__________________________________ Bank, ___________________________ (Address),
___________________________ (City), California, _____ (Zip Code) hereinafter “Bank”,
including, but not limited to, the following:
1. Making deposits, transfers and withdrawals to or from any of my bank accounts
at Bank.
2. Writing, making and endorsing checks, drafts and other instruments in connection
with my bank accounts at Bank.
3. Opening new checking, savings, money market, certificates of deposit, IRA’s or
other accounts in my name and maintaining same.
4. Approving and authorizing automatic withdrawals from my accounts.
5. Executing signature cards for accounts maintained or opened by my agent in my
name.
6. Performing any and all other matters relating to, or in connection with, my bank
accounts at Bank.
I direct that the above-related powers and authority of my said agent shall be so
exercisable and effective regardless of the fact that I may be mentally or physically incapacitated
or incapable of understanding or unable to express myself or act in my own behalf at the time of
any action on my behalf by said agent. Such incapacity, whether mental or physical, that I may
exhibit shall not in any way interfere with the authority of my agent herein to act fully on my
behalf according to the terms hereof. In other words, this Power of Attorney shall not be
affected by the subsequent disability, incompetence or incapacity of the principal.
And I do hereby undertake to ratify and confirm, all and singular, the acts heretofore
performed and to be hereinafter performed by my said agents, acting in my name and on my
behalf.
Bank shall honor this Power of Attorney until and unless Bank receives written notice of
revocation of same signed by me. Bank is hereby indemnified and shall be held harmless by the
undersigned for any and all actions taken by my agent regarding my accounts at Bank, regardless
of whether within the intended scope of this Power of Attorney or not; therefore, Bank shall
have no liability for the actions of my agent or for following the directions of my agent in
connection with my bank accounts at Bank.
IN WITNESS WHEREFORE, I have executed this Special Power of Attorney on this the
_____ day of __________________ , 20 _____ .
_________________________________________
PRINCIPAL
______________________
Witness
______________________
Witness
ATTESTATION
The hereinafter named Witnesses, each declare under penalty of perjury under the laws
of the State of California, that the principal is personally known to us, that the principal signed
and acknowledged this special power of attorney in our presence, that the principal appears to be
of sound mind and under no duress, fraud or undue influence, that we are not the person
appointed as attorney-in-fact by this document and that we witnessed this power of attorney in
the presence of the principal. We are not related to the principal by blood, marriage or adoption,
and to the best of our knowledge, are not entitled to any part of the estate of the principal upon
the death of the principal under a will now existing or by operation of law.
WITNESSES:
______________________________
Signature
Print Name: __________________________
Address: __________________________
City: _______________ State: _______
Zip: _______ WITNESSES:
______________________________
Signature
Print Name: __________________________
Address: __________________________
City: ________________ State: _______
Zip: _______
State of California
County of __________________________________
On __________________________________ before me,
__________________________________ (here insert name and title of the officer), 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. 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 (Seal)
Principal Name and Address Attorney-in-Fact Name and Address
Name: Name:
Address: Address:
City: City:
State: Zip: State: Zip:
Phone: Phone:
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