California Special Durable Power of Attorney for the Purchase of Property
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Special Durable Power of Attorney for the Purchase of Property for Real Estate Located in California
This document creates a durable, special power of attorney for the PURCHASE of California real property. A power of attorney is a legal document delegating authority from one person to another. In the document, the maker of the power of attorney (the "principal") grants the right to act on the maker's behalf as that person's Attorney-in-fact.
Attorney-in-fact means a person granted authority to act for the principal in a power of attorney, regardless of whether the person is known as an attorney-in-fact or agent, or by some other term. CA Prob Code 4014(a)
This special power of attorney grants the attorney-in fact the power to execute and deliver on the principal's behalf, name and stead, any in all necessary legal documents including contracts for sale, deeds, mortgages, deeds of trusts, promissory notes, settlement statements, affidavits, and other documents with regard to all matters concerning the PURCHASE of a specific property. It includes a "special instructions" section which can be used to further limit/define the powers given.
This instrument is to be construed and interpreted as a durable power of attorney that takes effect immediately and (this power of attorney shall not be affected by the principal's subsequent incapacity.) CA Prob Code 4124(a)
This Special Power of Attorney is specifically limited to the acts specified within and terminates upon a time frame set by number of days after its execution. For example: Terminates 60 days after execution.
Included are the warning statements required when a power of attorney (is sold or otherwise distributed in this state for use by a person who does not have the advice of legal counsel)
(Notice to Person Executing Durable Power of Attorney)
(Notice to Person Accepting the Appointment as Attorney-in-Fact) CA Prob Code 4128 (b)