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

Additional California and Santa Clara County documents included at no extra charge:

Where to Record Your Documents

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Cities and Jurisdictions in Santa Clara County

Properties in any of these areas use Santa Clara County forms:

• 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

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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)

Important: Your property must be located in Santa Clara County to use these forms. Documents should be recorded at the county recording office listed above.

This Special Durable Power of Attorney for the Sale of Property meets all recording requirements specific to Santa Clara County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Santa Clara County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

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