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California probate code power of attorney Form: What You Should Know
The California Probate Code defines a power of attorney as a document which says: The granter appoints a legal representative to be authorized or empowered to act on his behalf in connection with an application or a legal matter. The granter authorizes or empowering the agent: to represent him and make representation that certain actions will be performed for the granter and the granter will receive money, property or something of value; to act on behalf of the granter and do the things to which the granter is entitled; to perform acts to be performed by a legal representative and to accept legal fees for the performance of those acts (emphasis added) When the power of attorney does not state that you are authorizing someone to act on your behalf, it is very likely that it is a power of attorney to allow someone you trust to act on your behalf. These powers of Attorney authorize certain people, but they do not authorize them to do all the things described above. The granter may, on behalf of the granter's property, authorize or empower someone to: 1. Perform any acts which would fall within the granter's power of attorney. 2. Establish any legal entity created by the granter. 3. Represent and be represented by the agent or agents. 4. Assist and defend against an adversary against whom the agent or agents are appointed. 5. Perform any acts which are necessary for the granter to perform any of his obligations under the granter's power of attorney. (emphasis added) The list of authorized agents is very broad. These powers can either be limited to: A. Person with business connections in Santa Clara County, California such as the owner of a property, the owner of business operations, a member of a partnership, a shareholder or a director. B. A person who the granter knows or has reason to believe to have expertise or experience in an area of business or legal matters. (emphasis added) If you have other individuals or businesses who act in addition to your named agent and, for some reason, you were not authorized to act, you may want to establish a separate power of attorney. A power of attorney should not be regarded as a substitute for a Will.
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