Affidavit Of No Revocation Or Death Probate Code

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Affidavit of No Revocation or Death
Probate Code §§ 4305, 4306
1. I, [Name:]__________________________, am the sole agent currently authorized
to act as such under the Uniform Statutory Form Power of Attorney (“the Durable
Power”) signed by [Principal’s name:] __________________________ (“the Principal”)
on [Date:]____________________.
2. The Principal has neither revoked the Durable Power nor died, and my authority
under the Durable Power has not been terminated for any other reason.
3. I understand that this Declaration shields persons who rely on it from liability for
having honored my authority under the Durable Power. [Probate Code § 4305]
4. The following is a transcription of California Probate Code §§ 4305 and 4306:
California Probate Code §4305,
(a) As to acts undertaken in good faith reliance thereon, an affidavit
executed by the attorney-in-fact under a power of attorney . . . stating that,
at the time of the exercise of the power, the attorney-in-fact did not have
actual knowledge of the termination of the power of attorney or the
attorney-in-fact’s authority by revocation or of the principal’s death or
incapacity is conclusive proof of the nonrevocation or nontermination of
the power at that time. If the exercise of the power of attorney requires
execution and delivery of any instrument that is recordable, the affidavit
when authenticated for record is likewise recordable.
(b) This section does not affect any provision in a power of attorney
for its termination by expiration of time or occurrence of an event other
than express revocation or a change in the principal’s capacity.
California Probate Code § 4306,
(a) If an attorney-in-fact furnishes an affidavit pursuant to Section
4305, whether voluntarily or on demand, a third
dealing with the
person
attorney-in-fact
who refuses to accept
the exercise of the
attorney-in-
fact’s authority
is liable for attorney’s fees
referred to in the affidavit
incurred in an action . . . necessary to confirm the attorney-in-fact’s
qualifications or authority, unless the court determines that the third person
believed in good faith that the attorney-in-fact was not qualified or was
attempting to exceed or improperly exercise the attorney-in-fact’s authority.
Check if applicable:  My attorney,[Name:]______________________, Esq., may be
reached at the following address and phone number: ___________________________
______________________________________________________________________.
5. I thank you in advance for your kind cooperation.
I declare under the penalties of perjury of the laws of the State of California that

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