Statutory Durable Power Of Attorney Template For Asset Management (Page 4 of 4) in pdf

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:

THE LEGAL DUTY TO ACT SOLELY IN THE INTEREST OF THE

PRINCIPAL AND TO AVOID CONFLICTS OF INTEREST.

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: _______________________

___________________________________

ACKNOW LEDGMENT OF NOTARY PUBLIC

State of California

)

) ss.

County of Monterey

)

On _____________________before me, ____________________________a notary public, personally

appeared ______________________________, who proved to me on the basis of satisfactory evidence to be the

person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in

his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of

which the person 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.

W ITNESS my hand and official seal.

Signature _________________________________ (Seal)

Statutory Durable Power of Attorney for Asset Management

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Statutory Durable Power Of Attorney Template For Asset Management Page 4