Santa Clara County Special Durable Power of Attorney for the Sale of Property Form (California)

The following California and Santa Clara County supplemental forms are included as a courtesy with your order:

When using these Special Durable Power of Attorney for the Sale of Property forms, the subject real estate must be physically located in Santa Clara County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Santa Clara County include:

• Alviso
• Campbell
• Coyote
• Cupertino
• Gilroy
• Holy City
• Los Altos
• Los Gatos
• Milpitas
• Morgan Hill
• Mount Hamilton
• Mountain View
• New Almaden
• Palo Alto
• Redwood Estates
• San Jose
• San Martin
• Santa Clara
• Saratoga
• Stanford
• Sunnyvale

This document creates a durable, special power of attorney for the sale of California real estate. 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, acknowledge and deliver any and all documents, and to do any and all things on behalf of the principal, including, but not limited to, the execution of deeds, notes, mortgages, deeds of trusts, personal guarantees and any other instrument or agreement of any kind or nature whatsoever in connection therewith, and affecting the SALE of a described real property. It includes a "special instructions" section which can be used to further limit or 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 immediately upon the satisfactory closing of the identified property.

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)

(California Special DPOA Sale Package includes form, guidelines, and completed example)

Our Promise

The documents you receive here will meet, or exceed, the Santa Clara County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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