California Financial Power of Attorney (Uniform Statutory Form)

CALIFORNIA UNIFORM STATUTORY FORM

DURABLE FINANCIAL POWER OF ATTORNEY

(California Probate Code Section 4401)

IMPORTANT STATUTORY NOTICE TO PRINCIPAL

NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-4465). IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTHCARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THIS POWER OF ATTORNEY OR YOU CONNECT ITS EFFECTIVENESS TO A FUTURE EVENT OR CONTINGENCY, THIS POWER OF ATTORNEY WILL CONTINUE UNTIL IT IS REVOKED.

TABLE OF CONTENTS

1. Designation of Principal and Agent
2. Durability and Effectiveness Election
3. Grant of Authority — Enumerated Powers
4. Digital Assets (RUFADAA Compliance)
5. Gifting Authority
6. Special Instructions and Limitations
7. Agent Compensation and Liability
8. Successor Agent Provisions
9. Delegation of Authority
10. Third-Party Acceptance and Protection
11. Agent's Certification of Authority (Affidavit)
12. Coordination with Trust
13. Revocation Provisions
14. Execution Requirements
15. Notary Acknowledgment
16. Agent Acceptance and Acknowledgment
17. Statutory Notice to Agent
18. Sources and References

ARTICLE 1. DESIGNATION OF PRINCIPAL AND AGENT

1.1 Principal

I, [________________________________] ("Principal"), of [________________________________] (street address), [________________________________] (city), California [____] (ZIP), hereby designate and appoint the following individual(s) as my agent(s) (attorney-in-fact) to act on my behalf with respect to the financial matters described in this Durable Financial Power of Attorney ("Instrument").

Date of Birth: [__/__/____]

California Driver's License or State ID No.: [________________________________]

1.2 Primary Agent

Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Relationship to Principal: [________________________________]

1.3 Co-Agent (Optional)

☐ Not applicable — no co-agent designated.

☐ Co-Agent designated as follows:

Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

Telephone: [________________________________]

Relationship to Principal: [________________________________]

Co-Agent Authority (select one):

☐ Co-Agents must act jointly (both signatures required).

☐ Co-Agents may act independently (either may act alone).

☐ Co-Agents must act jointly for transactions exceeding $[________________________________] and may act independently for amounts at or below that threshold.

ARTICLE 2. DURABILITY AND EFFECTIVENESS ELECTION

Select one of the following (initial your choice):

☐ OPTION A: Effective Immediately and Durable

This power of attorney is effective immediately upon execution and shall not be affected by my subsequent incapacity. This power of attorney shall remain in effect until I revoke it or until my death.

Per Cal. Prob. Code § 4124(a): "This power of attorney shall not be affected by subsequent incapacity of the principal."

☐ OPTION B: Springing — Effective Only Upon Incapacity

This power of attorney shall become effective upon my incapacity as determined below, and shall not be affected by my subsequent incapacity.

Per Cal. Prob. Code § 4124(b): "This power of attorney shall become effective upon the incapacity of the principal."

Definition of Incapacity for Springing Activation:

My incapacity shall be established by (select one):

☐ Written certification by one (1) licensed physician that I am unable to manage my financial affairs due to mental or physical incapacity.

☐ Written certification by two (2) licensed physicians, each independently certifying that I am unable to manage my financial affairs due to mental or physical incapacity.

☐ Written declaration under penalty of perjury by the following designated person(s), who shall have the power to determine conclusively that incapacity has occurred, pursuant to Cal. Prob. Code § 4403:

Designated Person 1: [________________________________]

Designated Person 2: [________________________________]

Physician Certification Procedure:

Any certifying physician shall provide a written statement on professional letterhead that includes: (a) the physician's name, license number, and area of practice; (b) the date of examination; (c) a statement that the physician has personally examined the Principal; (d) a determination that the Principal lacks sufficient capacity to manage financial affairs; and (e) the physician's signature under penalty of perjury.

ARTICLE 3. GRANT OF AUTHORITY — ENUMERATED POWERS

INSTRUCTIONS: To grant one or more of the following powers, check the box (☐) next to each power you are granting. To withhold a power, leave the box unchecked. The powers granted are defined in the Uniform Statutory Form Power of Attorney Act, Cal. Prob. Code §§ 4450-4465.

(A) Real Property Transactions

(Cal. Prob. Code § 4451)

☐ GRANTED. Agent may acquire, sell, exchange, lease, sublease, manage, maintain, improve, encumber, mortgage, grant options, partition, subdivide, release, and otherwise deal with real property on my behalf, including my principal residence and any investment property.

(B) Tangible Personal Property Transactions

(Cal. Prob. Code § 4452)

☐ GRANTED. Agent may acquire, sell, exchange, lease, manage, maintain, repair, insure, and otherwise deal with tangible personal property, including but not limited to vehicles, household goods, equipment, furnishings, and collectibles.

(C) Stock and Bond Transactions

(Cal. Prob. Code § 4453)

☐ GRANTED. Agent may buy, sell, exchange, transfer, pledge, and otherwise deal with stocks, bonds, mutual funds, exchange-traded funds, and other securities, including the exercise of stock options and rights.

(D) Commodity and Option Transactions

(Cal. Prob. Code § 4454)

☐ GRANTED. Agent may buy, sell, exchange, and otherwise deal with commodity futures contracts, options on futures contracts, and call and put options on stocks and stock indices.

(E) Banking and Other Financial Institution Transactions

(Cal. Prob. Code § 4455)

☐ GRANTED. Agent may open, close, manage, and make deposits to and withdrawals from checking accounts, savings accounts, money market accounts, and certificates of deposit at banks, savings institutions, credit unions, and other financial institutions; negotiate, endorse, and deposit checks and other negotiable instruments; access safe-deposit boxes; and execute wire transfers and electronic fund transfers.

(F) Business Operating Transactions

(Cal. Prob. Code § 4456)

☐ GRANTED. Agent may form, operate, buy, sell, manage, modify, dissolve, and wind up interests in sole proprietorships, partnerships, limited liability companies, corporations, and other business entities on my behalf.

(G) Insurance and Annuity Transactions

(Cal. Prob. Code § 4457)

☐ GRANTED. Agent may obtain, manage, maintain, modify, surrender, collect benefits from, and otherwise deal with life insurance, health insurance, disability insurance, long-term care insurance, property and casualty insurance, and annuity contracts.

(H) Estate, Trust, and Other Beneficiary Transactions

(Cal. Prob. Code § 4458)

☐ GRANTED. Agent may accept, disclaim, receive, receipt for, sell, assign, release, pledge, or exchange any interest in or under any estate or trust; represent me in connection with estate, trust, or other beneficiary matters; and exercise all related rights.

(I) Claims and Litigation

(Cal. Prob. Code § 4459)

☐ GRANTED. Agent may assert and prosecute claims and causes of action on my behalf; defend against claims and proceedings; negotiate and settle claims; engage attorneys and other professionals; and execute settlement agreements, releases, and satisfaction of judgments.

(J) Personal and Family Maintenance

(Cal. Prob. Code § 4460)

☐ GRANTED. Agent may provide for the support, care, health, safety, comfort, and maintenance of the Principal and the Principal's legal dependents, including payment of living expenses, housing costs, medical expenses, educational expenses, and other costs of daily living.

(K) Government Benefits

(Cal. Prob. Code § 4461 and related provisions)

☐ GRANTED. Agent may prepare, execute, file, and manage applications and claims for government benefits on my behalf, including but not limited to:

• Social Security (retirement, disability, and survivor benefits)
• Supplemental Security Income (SSI)
• Medicare (Parts A, B, C, and D)
• Medi-Cal (California Medicaid)
• Veterans Administration benefits
• State Disability Insurance (SDI)
• Unemployment Insurance (UI)
• Any other federal, state, or local government benefit program

Agent may represent me before government agencies and administrative tribunals in connection with benefits matters.

(L) Retirement Plan Transactions

(Cal. Prob. Code § 4462)

☐ GRANTED. Agent may contribute to, withdraw from, manage, and otherwise deal with retirement plans and accounts, including but not limited to Individual Retirement Accounts (IRAs), Roth IRAs, 401(k) plans, 403(b) plans, 457 plans, defined benefit plans, SEP-IRAs, SIMPLE IRAs, and any other qualified or non-qualified retirement plans.

(M) Tax Matters

(Cal. Prob. Code § 4463)

☐ GRANTED. Agent may prepare, sign, and file federal, state, and local income tax returns, gift tax returns, and all other tax-related documents; represent me before the Internal Revenue Service (IRS), California Franchise Tax Board (FTB), and all other taxing authorities; negotiate and settle tax matters; sign tax consents and agreements; execute waivers; receive confidential tax information; and exercise any rights available to me in connection with tax matters, including claiming refunds and filing protests and appeals.

(N) ALL OF THE POWERS LISTED ABOVE

☐ ALL POWERS (A) THROUGH (M) ARE GRANTED.

ARTICLE 4. DIGITAL ASSETS — RUFADAA COMPLIANCE

(Cal. Prob. Code §§ 870-884, as amended by SB 1458, effective January 1, 2025)

4.1 Grant of Digital Assets Authority

☐ GRANTED. In addition to any authority granted under Article 3 above, I hereby authorize my Agent to access, manage, control, continue, modify, delete, transfer, and otherwise deal with my digital assets as defined and described in this Article 4, in accordance with the California Revised Uniform Fiduciary Access to Digital Assets Act (Cal. Prob. Code §§ 870-884, as amended).

4.2 Definition of Digital Assets

For purposes of this Instrument, "digital asset" means an electronic record in which I have a right or interest, as defined by Cal. Prob. Code § 870(h). Digital assets include, but are not limited to:

(a) Electronic Communications:

• Email accounts (e.g., Gmail, Outlook, Yahoo, iCloud Mail, and others)
• Text messages and messaging applications (e.g., iMessage, WhatsApp, Signal)
• Video and voice communication accounts (e.g., Zoom, FaceTime, Skype)

(b) Social Media and Online Presence:

• Social media accounts (e.g., Facebook/Meta, Instagram, X/Twitter, LinkedIn, TikTok, YouTube, and others)
• Blog and website accounts
• Online profile accounts
• Domain name registrations

(c) Cloud Storage and Digital Files:

• Cloud storage accounts (e.g., Google Drive, Dropbox, iCloud, OneDrive, Amazon Web Services)
• Digital photographs, videos, and documents
• Streaming service accounts (e.g., Netflix, Spotify, Apple Music, Amazon Prime)
• Software licenses and subscriptions

(d) Cryptocurrency and Blockchain Assets:

• Cryptocurrency holdings (e.g., Bitcoin, Ethereum, and all other digital currencies)
• Cryptocurrency exchange accounts (e.g., Coinbase, Kraken, Binance, Gemini)
• Digital wallets (hardware wallets, software wallets, and web wallets)
• Private keys and seed phrases for blockchain-based assets
• Non-fungible tokens (NFTs)
• Decentralized finance (DeFi) protocol positions
• Staking and yield-generating blockchain positions

(e) Digital Financial Accounts:

• Online banking and financial management platforms (e.g., Mint, Quicken, Personal Capital)
• Digital payment accounts (e.g., PayPal, Venmo, Zelle, Apple Pay, Google Pay)
• Online investment and brokerage accounts
• Peer-to-peer lending platform accounts
• Digital rewards, loyalty points, and airline miles

(f) Other Digital Assets:

• Online marketplace accounts (e.g., eBay, Amazon, Etsy)
• Gaming accounts with monetary value
• Digital intellectual property
• Any other electronic record in which I hold a right or interest

4.3 Scope of Digital Assets Authority

My Agent is authorized to:

(a) Access and manage my digital assets and accounts, including obtaining login credentials and passwords from any password manager or storage system I maintain;

(b) Contact custodians and service providers of digital assets and request disclosure of the catalogue of electronic communications and digital assets;

(c) Access the content of electronic communications where specifically authorized herein, consistent with Cal. Prob. Code § 876;

(d) Transfer, sell, liquidate, convert, or otherwise dispose of digital assets, including cryptocurrency and blockchain-based assets;

(e) Manage, secure, and protect private keys, seed phrases, and other access credentials for cryptocurrency and blockchain assets;

(f) Take all necessary steps to preserve, maintain, or terminate digital accounts and assets;

(g) Execute any terms-of-service agreements, privacy consents, or other agreements necessary to access or manage my digital assets;

(h) Engage digital asset recovery specialists, forensic analysts, or other professionals as needed.

4.4 Content vs. Catalogue Access

☐ I authorize my Agent to access the CONTENT of my electronic communications (the substance of emails, messages, and other communications), in addition to the catalogue (metadata such as dates, recipients, and subject lines). This authorization is given pursuant to Cal. Prob. Code § 876.

☐ I authorize my Agent to access only the CATALOGUE (metadata) of my electronic communications, and NOT the content.

4.5 Service Provider Interaction Procedures

My Agent may present this Instrument and a certified copy of this Instrument, together with the Agent's Certification of Authority (Article 11), to any custodian of digital assets (as defined in Cal. Prob. Code § 870(f)) to request access. The custodian shall comply with the Agent's request unless one of the exceptions in Cal. Prob. Code § 880 applies. My Agent shall follow any lawful procedures established by the custodian for fiduciary access, provided such procedures do not unreasonably delay or impede the Agent's exercise of authority.

4.6 SB 1458 (2025) Expanded Authority

Pursuant to SB 1458, amending Cal. Prob. Code §§ 871, 872, 880, and 881, and adding §§ 879.1, 879.2, and 879.3, effective January 1, 2025, my Agent is expressly recognized as a "fiduciary" under RUFADAA and shall have all rights, powers, and protections afforded to fiduciaries under Part 20 of Division 2 of the California Probate Code. This authorization applies regardless of whether this Instrument was executed before, on, or after January 1, 2025.

ARTICLE 5. GIFTING AUTHORITY

Select one of the following:

☐ OPTION A: No Gifting Authority

Agent shall have NO authority to make gifts of my property.

☐ OPTION B: Limited Gifting — Annual Exclusion Amounts Only

Agent may make gifts of my property, subject to the following limitations:

(a) Gifts may be made only to my spouse, descendants, and any other individuals or charities I have historically given gifts to as part of an established pattern;

(b) Each gift shall not exceed the federal annual gift tax exclusion amount per recipient per calendar year (currently $19,000 for 2026, as adjusted for inflation by the IRS);

(c) Total annual gifts by Agent shall not exceed $[________________________________] in any calendar year;

(d) Agent may NOT make gifts to himself or herself unless specifically authorized below;

(e) All gifts must be consistent with my known wishes, estate plan, and financial circumstances.

☐ OPTION C: Broader Gifting Authority

Agent may make gifts of my property, including gifts that exceed the federal annual gift tax exclusion amount, subject to the following limitations and conditions:

(a) Maximum single gift amount: $[________________________________];

(b) Maximum aggregate annual gifts: $[________________________________];

(c) Gifts may be made to the following persons or classes of persons:

[________________________________]

[________________________________]

(d) Gifts may be made for the following purposes:

☐ Estate tax planning and minimization

☐ Qualification for public benefits (e.g., Medi-Cal)

☐ Charitable giving consistent with my established pattern

☐ Education expenses (529 plans and direct tuition payments)

☐ Medical expenses (direct payments to providers)

☐ Other: [________________________________]

(e) Agent ☐ may / ☐ may NOT make gifts to himself or herself, subject to a fiduciary duty of loyalty and in amounts consistent with my established pattern of giving;

(f) All gifts must be documented and reported in the Agent's accounting;

(g) Agent shall consult with my tax advisor before making gifts exceeding the federal annual exclusion amount.

ARTICLE 6. SPECIAL INSTRUCTIONS AND LIMITATIONS

6.1 Additional Powers Expressly Granted

☐ Create, modify, revoke, or terminate a trust, in whole or in part (Cal. Prob. Code § 4264(1))

☐ Fund with my property a trust not created by me (Cal. Prob. Code § 4264(2))

☐ Exercise the right to reject, disclaim, release, or consent to a reduction in or modification of a share in or payment from an estate, trust, or other fund (Cal. Prob. Code § 4264(4))

☐ Create or change survivorship interests in my property (Cal. Prob. Code § 4264(5))

☐ Designate or change the designation of beneficiaries to receive any property, benefit, or contract right on my death (Cal. Prob. Code § 4264(6))

6.2 Limitations on Agent's Authority

In addition to the limitations imposed by California law, my Agent shall NOT:

(a) Execute, modify, or revoke my Last Will and Testament or any codicil thereto;

(b) Make healthcare decisions on my behalf (a separate Advance Health Care Directive is required under Cal. Prob. Code §§ 4700-4701);

(c) Vote on my behalf in public elections;

(d) Perform duties under a contract that requires my personal services;

(e) Exercise powers granted to me as trustee of a trust created by another person, unless expressly authorized herein;

(f) [________________________________] (additional restrictions);

(g) [________________________________] (additional restrictions).

6.3 Additional Special Instructions

[________________________________]

[________________________________]

[________________________________]

[________________________________]

ARTICLE 7. AGENT COMPENSATION AND LIABILITY

7.1 Compensation

Select one:

☐ No compensation. Agent shall serve without compensation but shall be entitled to reimbursement of reasonable expenses incurred in the performance of duties under this Instrument.

☐ Reasonable compensation. Agent shall be entitled to reasonable compensation for services rendered under this Instrument, as permitted by law. Reasonable compensation shall be determined by reference to the customary fees charged by professional fiduciaries in the county where services are performed.

☐ Specified compensation. Agent shall be compensated at the rate of $[________________________________] per [☐ hour / ☐ month / ☐ year / ☐ transaction], plus reimbursement of reasonable expenses.

7.2 Reimbursement of Expenses

Agent shall be entitled to reimbursement from my assets for all reasonable and necessary out-of-pocket expenses incurred in the performance of duties under this Instrument, including but not limited to travel expenses, postage, copying costs, filing fees, professional consultation fees, and communication costs. Agent shall maintain records and receipts for all expenses claimed.

7.3 Fiduciary Duties

Agent accepts and acknowledges the following fiduciary duties:

(a) Duty of Loyalty. Agent shall act in my best interest at all times and shall avoid conflicts of interest.

(b) Duty of Care. Agent shall exercise the care, competence, and diligence that a prudent person would exercise when managing the property of another.

(c) Duty to Account. Agent shall maintain complete and accurate records of all transactions, receipts, disbursements, and other actions taken on my behalf and shall provide an accounting upon reasonable request by me, my guardian or conservator, or any person authorized by me or by court order.

(d) Duty of Segregation. Agent shall keep my property separate from the Agent's own property and shall not commingle funds unless I am the Agent's spouse and the property was previously held jointly.

(e) Duty to Preserve Estate Plan. Agent shall, to the extent reasonably practicable, preserve my estate plan and shall attempt to maintain the value and nature of my assets consistent with my known wishes.

7.4 Liability Standard

Agent shall be personally liable for any losses to my estate or property caused by the Agent's breach of fiduciary duty, willful misconduct, gross negligence, or fraud. Agent shall not be personally liable for losses resulting from good-faith errors in judgment, reasonable reliance on professional advice, or market fluctuations beyond Agent's control.

7.5 Indemnification

Agent shall indemnify, defend, and hold harmless my estate, my successors, and my heirs from and against any and all losses, liabilities, claims, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to Agent's breach of fiduciary duty, willful misconduct, gross negligence, or fraud.

ARTICLE 8. SUCCESSOR AGENT PROVISIONS

8.1 Designation of Successor Agents

If my primary Agent (or co-agent, if applicable) is unable or unwilling to serve, I designate the following successor agents to serve in the order listed:

First Successor Agent:

Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

Telephone: [________________________________]

Relationship: [________________________________]

Second Successor Agent:

Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

Telephone: [________________________________]

Relationship: [________________________________]

Third Successor Agent:

Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

Telephone: [________________________________]

Relationship: [________________________________]

8.2 Definition of "Unable or Unwilling"

An Agent shall be deemed "unable or unwilling" to serve if any of the following occurs:

(a) The Agent dies;

(b) The Agent becomes incapacitated (as determined by a licensed physician's written certification or court order);

(c) The Agent provides written notice of resignation or refusal to serve, delivered to the Principal (or to the next successor agent if the Principal is incapacitated);

(d) The Agent is removed by court order;

(e) The Agent cannot be located after reasonable efforts for a period of thirty (30) days;

(f) The Agent is convicted of a felony or crime involving dishonesty;

(g) The Agent is the subject of a restraining order or protective order involving the Principal.

8.3 Automatic Advancement

Upon a predecessor Agent becoming unable or unwilling to serve, the next designated successor Agent shall automatically succeed to all powers, duties, and obligations of the predecessor Agent without the need for any further action, court proceeding, or instrument, provided the successor Agent executes the Agent Acceptance and Acknowledgment form set forth in Article 16 of this Instrument.

8.4 Successor Agent Powers

Each successor Agent shall have the same powers, duties, and limitations as the original Agent unless otherwise specified in this Instrument. A successor Agent shall not be liable for the acts or omissions of any predecessor Agent.

ARTICLE 9. DELEGATION OF AUTHORITY

9.1 Delegation

Pursuant to Cal. Prob. Code §§ 4261-4264, Agent ☐ may / ☐ may NOT delegate powers under this Instrument to another person.

9.2 Conditions of Delegation (If Permitted)

If delegation is permitted above, the following conditions apply:

(a) Agent may delegate only ministerial or administrative functions and may not delegate discretionary decision-making authority;

(b) Any delegation must be in writing, must identify the specific powers delegated, and must be limited in duration;

(c) Agent remains responsible and liable for the actions of any delegate;

(d) Agent shall exercise reasonable care in selecting and supervising any delegate;

(e) Delegation shall not exceed a period of [________________________________] (e.g., 90 days) without renewal.

ARTICLE 10. THIRD-PARTY ACCEPTANCE AND PROTECTION

10.1 Statutory Protection for Third Parties (Cal. Prob. Code § 4303)

A third party who acts in good faith reliance on this Instrument is not liable to the Principal or to any other person for acting in reliance on this power of attorney, provided: (a) this Instrument is presented to the third party by the Agent designated herein; (b) this Instrument appears on its face to be valid; and (c) this Instrument includes a notary public's certificate of acknowledgment or is signed by two witnesses.

10.2 Third-Party Reliance on Agent's Authority

Third parties, including but not limited to banks, financial institutions, brokerage firms, title companies, insurance companies, government agencies, and other persons and entities, are entitled to rely upon the Agent's representation of authority under this Instrument. No third party shall be required to investigate the facts underlying the Agent's exercise of authority, make inquiry of the Principal, or obtain court approval as a condition to honoring the Agent's actions.

10.3 Statutory Penalties for Unreasonable Refusal

A third party who unreasonably refuses to honor this Instrument may be liable for damages, including attorneys' fees and costs, incurred by the Principal or the Agent in connection with such refusal. The Agent is authorized to take all reasonable steps, including commencement of legal proceedings, to compel third-party acceptance of this Instrument.

10.4 Recording

If this Instrument is used for real property transactions, Agent may record this Instrument or a memorandum thereof in the office of the County Recorder of any county in which the Principal owns real property. Recording creates constructive notice to third parties of the Agent's authority.

ARTICLE 11. AGENT'S CERTIFICATION OF AUTHORITY (AFFIDAVIT)

(Cal. Prob. Code § 4305)

11.1 Agent's Affidavit

The Agent may execute an affidavit stating that, at the time of exercising the power, the Agent did not have actual knowledge of the termination of the power of attorney by revocation, or of the Principal's death. Such affidavit, when executed by the Agent, is conclusive proof of the nonrevocation or nontermination of the power at that time, as against persons who rely in good faith on the affidavit.

11.2 Form of Certification

When presenting this Instrument to a third party, the Agent may provide the following certification:

CERTIFICATION OF AGENT'S AUTHORITY

I, [________________________________], certify under penalty of perjury under the laws of the State of California that:

1. I am the Agent (attorney-in-fact) designated under the Durable Financial Power of Attorney executed by [________________________________] (the "Principal") on [__/__/____].

2. The Principal is currently: ☐ alive and competent / ☐ alive but incapacitated / ☐ status unknown to me.

3. I have no actual knowledge that this power of attorney has been revoked or terminated.

4. I have no actual knowledge of any facts indicating that the authority I am exercising under this power of attorney has been modified, limited, or terminated.

5. The action(s) I am taking are within the scope of the authority granted to me under the power of attorney.

6. [If springing POA] The conditions for activation of this power of attorney have been satisfied, and I have attached evidence thereof.

Signed: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

ARTICLE 12. COORDINATION WITH TRUST

12.1 Revocable Living Trust

☐ Not applicable. I do not have a revocable living trust.

☐ Applicable. I have executed a revocable living trust, known as the [________________________________] Trust, dated [__/__/____] (the "Trust"), and my Agent shall exercise powers under this Instrument in a manner consistent with the terms of the Trust.

12.2 Authority with Respect to Trust

If the Trust exists:

(a) Agent may transfer my non-trust assets into the Trust (pour-over authority) to the extent consistent with my estate plan;

(b) Agent shall not take actions that would defeat the purposes or provisions of the Trust;

(c) Agent shall coordinate with the Trustee (if Agent is not also Trustee) to ensure consistency in management of my financial affairs;

(d) If the power of attorney expressly grants authority to modify or revoke the Trust (Article 6.1), the Trust may be modified or revoked by the Agent only as provided in the Trust instrument (Cal. Prob. Code § 4264(1)).

ARTICLE 13. REVOCATION PROVISIONS

13.1 Right to Revoke

I may revoke this Instrument in whole or in part at any time while I have legal capacity, by delivering a signed and dated written notice of revocation to:

(a) The Agent and any successor agents;

(b) Any third party known to be relying on this Instrument; and

(c) Any financial institution, custodian, or entity holding my assets that has received a copy of this Instrument.

13.2 Recording of Revocation

If this Instrument has been recorded with any County Recorder's office, the revocation should also be recorded in the same county or counties. Revocation as to recorded real property interests is effective upon recording.

13.3 Effective Date of Revocation

Revocation is effective upon receipt by the Agent. As to third parties, revocation is effective upon actual notice to the third party or, if the revocation has been recorded, upon recording.

13.4 Prior Powers of Attorney

This Instrument: (select one)

☐ Revokes all prior powers of attorney for financial matters previously executed by me.

☐ Does NOT revoke prior powers of attorney. This Instrument is in addition to, and not a replacement for, any prior power of attorney for financial matters I have executed, specifically: [________________________________].

13.5 Termination by Operation of Law

This Instrument terminates automatically upon:

(a) My death;

(b) A court order terminating this Instrument;

(c) Appointment of a conservator of my estate, unless the court provides that this Instrument shall continue in effect; or

(d) As otherwise provided by applicable law.

ARTICLE 14. EXECUTION REQUIREMENTS

(Cal. Prob. Code § 4121)

CRITICAL: NOTARIZATION IS REQUIRED if any real property authority is granted (Category A above). Even when not legally required, notarization is strongly recommended for all financial powers of attorney, as financial institutions are more likely to accept a notarized document.

IN WITNESS WHEREOF, I have executed this Durable Financial Power of Attorney on the date set forth below.

PRINCIPAL:

Signature: ________________________________

Printed Name: [________________________________]

Date of Execution: [__/__/____]

ARTICLE 15. NOTARY ACKNOWLEDGMENT

(Cal. Civ. Code § 1189)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

State of California

County of [________________________________]

On [__/__/____] before me, [________________________________], Notary Public, personally appeared [________________________________], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.

WITNESS my hand and official seal.

Signature of Notary: ________________________________

(Notary Seal)

ARTICLE 16. AGENT ACCEPTANCE AND ACKNOWLEDGMENT

Primary Agent Acceptance

I, [________________________________], accept the appointment as Agent (attorney-in-fact) under this Durable Financial Power of Attorney. I have read the entire document and understand the powers granted to me and the limitations on those powers. I understand and accept my fiduciary duties as described in this Instrument and under California law. I agree to act in the Principal's best interest and to comply with all applicable provisions of the California Probate Code.

Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

First Successor Agent Acceptance

I, [________________________________], accept the appointment as First Successor Agent under this Durable Financial Power of Attorney. I understand that my authority will become effective only if the Primary Agent is unable or unwilling to serve. I have read the entire document and understand my fiduciary duties and the scope and limitations of the powers granted.

Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Second Successor Agent Acceptance

I, [________________________________], accept the appointment as Second Successor Agent under this Durable Financial Power of Attorney. I understand that my authority will become effective only if the Primary Agent and First Successor Agent are each unable or unwilling to serve.

Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Third Successor Agent Acceptance

I, [________________________________], accept the appointment as Third Successor Agent under this Durable Financial Power of Attorney. I understand that my authority will become effective only if all predecessor Agents are unable or unwilling to serve.

Signature: ________________________________

Printed Name: [________________________________]

Date: [__/__/____]

ARTICLE 17. STATUTORY NOTICE TO AGENT

(Required by Cal. Prob. Code § 4401 for Uniform Statutory Form)

NOTICE TO PERSON ACCEPTING THE APPOINTMENT AS AGENT (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:

(1) The legal duty to act solely in the interest of the principal and to avoid conflicts of interest.

(2) 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 to accept gifts of the principal's property, and unless the transfer or gift is not otherwise prohibited by law.

(3) The legal duty to keep a record of all receipts, disbursements, and significant actions taken as agent.

You may not use the principal's property for your own benefit or for the benefit of another person, unless this power of attorney specifically permits that use, and you have a good-faith belief that the use would be approved by the principal if the principal were able to consider the matter. You may also use the principal's property as necessary for the principal's care, maintenance, and support.

(4) Your obligation to the principal continues until you resign or the power of attorney is terminated or revoked.

(5) If you violate your legal responsibilities or act outside the authority granted to you, you may be liable for any damages caused by your actions.

(6) If there is anything about this document or your responsibilities that you do not understand, you should seek legal advice.

ARTICLE 18. GENERAL PROVISIONS

18.1 Severability

If any provision of this Instrument is held invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. A court is authorized to reform any invalid provision to carry out the Principal's intent as nearly as possible.

18.2 Governing Law

This Instrument shall be governed by and construed in accordance with the laws of the State of California, including the California Probate Code, without regard to conflict-of-laws principles.

18.3 Forum Selection

Any action or proceeding arising out of or related to this Instrument shall be brought in the Superior Court of California, County of [________________________________], Probate Division.

18.4 Integration

This Instrument constitutes the Principal's complete expression of intent with respect to the financial powers granted herein and supersedes all prior financial powers of attorney, except as expressly preserved in Article 13.4.

18.5 Construction

This Instrument shall be construed broadly to give effect to the Principal's intent. Titles and headings are for convenience only and shall not affect interpretation. The singular includes the plural and vice versa.

18.6 Copies

A photocopy, facsimile, or electronically transmitted copy of this executed Instrument shall have the same force and effect as the original, and a third party may rely on a copy to the same extent as the original, unless the third party has received actual notice that the Instrument has been revoked or is otherwise invalid.

18.7 Attorneys' Fees

In any action or proceeding to enforce the provisions of this Instrument or to compel third-party acceptance, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

SOURCES AND REFERENCES

Primary Statutory Authority:

• Cal. Prob. Code §§ 4000-4545 — Powers of Attorney (general provisions)
• Cal. Prob. Code §§ 4400-4465 — Uniform Statutory Form Power of Attorney Act
• Cal. Prob. Code § 4401 — Uniform Statutory Form
• Cal. Prob. Code § 4121 — Execution requirements (date, signature, notarization or witnesses)
• Cal. Prob. Code § 4124 — Durability language
• Cal. Prob. Code § 4128 — Warning statements for printed forms
• Cal. Prob. Code §§ 4261-4264 — Agent authority and delegation; powers requiring express authorization
• Cal. Prob. Code §§ 4300-4310 — Relations with third persons
• Cal. Prob. Code § 4303 — Third-party good-faith reliance protection
• Cal. Prob. Code § 4305 — Agent affidavit of nonrevocation/nontermination
• Cal. Prob. Code § 4403 — Springing POA activation determination
• Cal. Prob. Code §§ 870-884 — Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA)
• Cal. SB 1458 (2024) — RUFADAA expansion (effective Jan. 1, 2025); amends §§ 871, 872, 880, 881; adds §§ 879.1, 879.2, 879.3
• Cal. Civ. Code § 1189 — Notary acknowledgment certificate form

Federal Tax References:

• 26 U.S.C. § 2503(b) — Annual gift tax exclusion ($19,000 per donee for 2026)
• IRS Revenue Procedure (annual inflation adjustments)

Helpful Resources:

• Sacramento County Public Law Library — Power of Attorney (California Uniform Statutory): https://saclaw.org/resource_library/power-of-attorney-california-uniform-statutory/
• California Legislative Information — Probate Code: https://leginfo.legislature.ca.gov
• California Secretary of State — Notary Acknowledgments: https://www.sos.ca.gov/notary/acknowledgments
• SB 1458 Bill Text: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB1458

END OF DOCUMENT