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POA California

This document outlines the powers and responsibilities granted through a California General Durable Power of Attorney. It details that the powers given to the agent are effective even if the principal becomes disabled or incompetent. It provides warnings about the broad authority granted to the agent, including managing property and finances on the principal's behalf. It specifies the agent's fiduciary duties to the principal.

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Terry Liu
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© © All Rights Reserved
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0% found this document useful (0 votes)
131 views7 pages

POA California

This document outlines the powers and responsibilities granted through a California General Durable Power of Attorney. It details that the powers given to the agent are effective even if the principal becomes disabled or incompetent. It provides warnings about the broad authority granted to the agent, including managing property and finances on the principal's behalf. It specifies the agent's fiduciary duties to the principal.

Uploaded by

Terry Liu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CALIFORNIA GENERAL DURABLE POWER OF ATTORNEY

THE POWERS YOU GRANT BELOW ARE EFFECTIVE


EVEN IF YOU BECOME DISABLED OR INCOMPETENT

CAUTION: A DURABLE POWER OF ATTORNEY IS AN IMPORTANT LEGAL DOCUMENT.


BY SIGNING THE DURABLE POWER OF ATTORNEY, YOU ARE AUTHORIZING ANOTHER
PERSON TO ACT FOR YOU, THE PRINCIPAL. BEFORE YOU SIGN THIS DURABLE
POWER OF ATTORNEY, YOU SHOULD KNOW THESE IMPORTANT FACTS: YOUR AGENT
(ATTORNEY-IN-FACT) HAS NO DUTY TO ACT UNLESS YOU AND YOUR AGENT AGREE
OTHERWISE IN WRITING. THIS DOCUMENT GIVES YOUR AGENT THE POWERS TO
MANAGE, DISPOSE OF, SELL, AND CONVEY YOUR REAL AND PERSONAL PROPERTY,
AND TO USE YOUR PROPERTY AS SECURITY IF YOUR AGENT BORROWS MONEY ON
YOUR BEHALF. THIS DOCUMENT DOES NOT GIVE YOUR AGENT THE POWER TO
ACCEPT OR RECEIVE ANY OF YOUR PROPERTY, IN TRUST OR OTHERWISE, AS A GIFT,
UNLESS YOU SPECIFICALLY AUTHORIZE THE AGENT TO ACCEPT OR RECEIVE A GIFT.
YOUR AGENT WILL HAVE THE RIGHT TO RECEIVE REASONABLE PAYMENT FOR
SERVICES PROVIDED UNDER THIS DURABLE POWER OF ATTORNEY UNLESS YOU
PROVIDE OTHERWISE IN THIS POWER OF ATTORNEY. THE POWERS YOU GIVE YOUR
AGENT WILL CONTINUE TO EXIST FOR YOUR ENTIRE LIFETIME, UNLESS YOU STATE
THAT THE DURABLE POWER OF ATTORNEY WILL LAST FOR A SHORTER PERIOD OF
TIME OR UNLESS YOU OTHERWISE TERMINATE THE DURABLE POWER OF ATTORNEY.

THE POWERS YOU GIVE YOUR AGENT IN THIS DURABLE POWER OF ATTORNEY WILL
CONTINUE TO EXIST EVEN IF YOU CAN NO LONGER MAKE YOUR OWN DECISIONS
RESPECTING THE MANAGEMENT OF YOUR PROPERTY. YOU CAN AMEND OR CHANGE
THIS DURABLE POWER OF ATTORNEY ONLY BY EXECUTING A NEW DURABLE POWER
OF ATTORNEY OR BY EXECUTING AN AMENDMENT THROUGH THE SAME
FORMALITIES AS AN ORIGINAL. YOU HAVE THE RIGHT TO REVOKE OR TERMINATE
THIS DURABLE POWER OF ATTORNEY AT ANY TIME, SO LONG AS YOU ARE
COMPETENT.

THIS DURABLE POWER OF ATTORNEY MUST BE DATED AND MUST BE


ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR SIGNED BY TWO WITNESSES. IF IT
IS SIGNED BY TWO WITNESSES, THEY MUST WITNESS EITHER (1) THE SIGNING OF
THE POWER OF ATTORNEY OR (2) THE PRINCIPAL'S SIGNING OR ACKNOWLEDGMENT
OF HIS OR HER SIGNATURE. A DURABLE POWER OF ATTORNEY THAT MAY AFFECT
REAL PROPERTY SHOULD BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC SO THAT
IT MAY EASILY BE RECORDED.

YOU SHOULD READ THIS DURABLE POWER OF ATTORNEY CAREFULLY. WHEN


EFFECTIVE, THIS DURABLE POWER OF ATTORNEY WILL GIVE YOUR AGENT THE
RIGHT TO DEAL WITH PROPERTY THAT YOU NOW HAVE OR MIGHT ACQUIRE IN THE
FUTURE. THE DURABLE POWER OF ATTORNEY IS IMPORTANT TO YOU. IF YOU DO
NOT UNDERSTAND THE DURABLE POWER OF ATTORNEY, OR ANY PROVISION OF IT,
THEN YOU SHOULD OBTAIN THE ASSISTANCE OF AN ATTORNEY OR OTHER
QUALIFIED PERSON.

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:
1. THE LEGAL DUTY TO ACT SOLELY IN THE INTEREST OF THE PRINCIPAL AND
TOAVOID CONFLICTS OF INTEREST.

2. THE LEGAL DUTY TO KEEP THE PRINCIPAL'S PROPERTY SEPARATE AND


DISTINCTFROM 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:

____________________________
(SIGNATURE OF AGENT)

_Terrence Liu______________
(PRINT NAME OF AGENT)

CALIFORNIA GENERAL DURABLE POWER OF ATTORNEY

THE POWERS YOU GRANT BELOW ARE EFFECTIVE


EVEN IF YOU BECOME DISABLED OR INCOMPETENT

NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY
ACT.
IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL
ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND
OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF
ATTORNEY IF YOU LATER WISH TO DO SO. THIS POWER OF ATTORNEY IS EFFECTIVE
IMMEDIATELY AND WILL CONTINUE TO BE EFFECTIVE EVEN IF YOU BECOME
DISABLED, INCAPACITATED, OR INCOMPETENT.

I Hong-sun Liu 44291 View Point Circle, Fremont, CA 94539___ [insert your name and address]
appoint __Terrence G. Liu 320 De Leon Ave, Fremont, CA 94539____ [insert the name and
address of the person appointed] as my Agent (attorney-in-fact) to act for me in any lawful way
with respect to the following initialed subjects:
TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND
IGNORE THE LINES IN FRONT OF THE OTHER POWERS.
TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS,
INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.

TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT
NEED NOT, CROSS OUT EACH POWER WITHHELD.

Note: If you initial Item A or Item B, which follow, a notarized signature will be required
on behalf of the Principal.

INITIAL

_______ (A) Real property transactions. To lease, sell, mortgage, purchase, exchange, and
acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and
acquisition of, and to accept, take, receive, and possess any interest in real property
whatsoever, on such terms and conditions, and under such covenants, as my Agent shall deem
proper; and to maintain, repair, tear down, alter, rebuild, improve manage, insure, move, rent,
lease, sell, convey, subject to liens, mortgages, and security deeds, and in any way or manner
deal with all or any part of any interest in real property whatsoever, including specifically, but
without limitation, real property lying and being situated in the State of California, under such
terms and conditions, and under such covenants, as my Agent shall deem proper and may for
all deferred payments accept purchase money notes payable to me and secured by mortgages
or deeds to secure debt, and may from time to time collect and cancel any of said notes,
mortgages, security interests, or deeds to secure debt.

_______ (B) Tangible personal property transactions. To lease, sell, mortgage, purchase,
exchange, and acquire, and to agree, bargain, and contract for the lease, sale, purchase,
exchange, and acquisition of, and to accept, take, receive, and possess any personal property
whatsoever, tangible or intangible, or interest thereto, on such terms and conditions, and under
such covenants, as my Agent shall deem proper; and to maintain, repair, improve, manage,
insure, rent, lease, sell, convey, subject to liens or mortgages, or to take any other security
interests in said property which are recognized under the Uniform Commercial Code as adopted
at that time under the laws of the State of California or any applicable state, or otherwise
hypothecate (pledge), and in any way or manner deal with all or any part of any real or personal
property whatsoever, tangible or intangible, or any interest therein, that I own at the time of
execution or may thereafter acquire, under such terms and conditions, and under such
covenants, as my Agent shall deem proper.

_______ (C) Stock and bond transactions. To purchase, sell, exchange, surrender, assign,
redeem, vote at any meeting, or otherwise transfer any and all shares of stock, bonds, or other
securities in any business, association, corporation, partnership, or other legal entity, whether
private or public, now or hereafter belonging to me.

_______ (D) Commodity and option transactions. To organize or continue and conduct any
business which term includes, without limitation, any farming, manufacturing, service, mining,
retailing or other type of business operation in any form, whether as a proprietorship, joint
venture, partnership, corporation, trust or other legal entity; operate, buy, sell, expand, contract,
terminate or liquidate any business; direct, control, supervise, manage or participate in the
operation of any business and engage, compensate and discharge business managers,
employees, agents, attorneys, accountants and consultants; and, in general, exercise all
powers with respect to business interests and operations which the principal could if present
and under no disability.

_______ (E) Banking and other financial institution transactions. To make, receive, sign,
endorse, execute, acknowledge, deliver and possess checks, drafts, bills of exchange, letters of
credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to accounts
or deposits in, or certificates of deposit of banks, savings and loans, credit unions, or other
institutions or associations. To pay all sums of money, at any time or times, that may hereafter
be owing by me upon any account, bill of exchange, check, draft, purchase, contract, note, or
trade acceptance made, executed, endorsed, accepted, and delivered by me or for me in my
name, by my Agent. To borrow from time to time such sums of money as my Agent may deem
proper and execute promissory notes, security deeds or agreements, financing statements, or
other security instruments in such form as the lender may request and renew said notes and
security instruments from time to time in whole or in part. To have free access at any time or
times to any safe deposit box or vault to which I might have access.

_______ (F) Business operating transactions. To conduct, engage in, and otherwise
transact the affairs of any and all lawful business ventures of whatever nature or kind that I may
now or hereafter be involved in.

_______ (G) Insurance and annuity transactions. To exercise or perform any act, power,
duty, right, or obligation, in regard to any contract of life, accident, health, disability, liability, or
other type of insurance or any combination of insurance; and to procure new or additional
contracts of insurance for me and to designate the beneficiary of same; provided, however, that
my Agent cannot designate himself or herself as beneficiary of any such insurance contracts.

_______ (H) Estate, trust, and other beneficiary transactions. To accept, receipt for,
exercise, release, reject, renounce, assign, disclaim, demand, sue for, claim and recover any
legacy, bequest, devise, gift or other property interest or payment due or payable to or for the
principal; assert any interest in and exercise any power over any trust, estate or property
subject to fiduciary control; establish a revocable trust solely for the benefit of the principal that
terminates at the death of the principal and is then distributable to the legal representative of the
estate of the principal; and, in general, exercise all powers with respect to estates and trusts
which the principal could exercise if present and under no disability; provided, however, that the
Agent may not make or change a will and may not revoke or amend a trust revocable or
amendable by the principal or require the trustee of any trust for the benefit of the principal to
pay income or principal to the Agent unless specific authority to that end is given.

_______ (I) Claims and litigation. To commence, prosecute, discontinue, or defend all actions
or other legal proceedings touching my property, real or personal, or any part thereof, or
touching any matter in which I or my property, real or personal, may be in any way concerned.
To defend, settle, adjust, make allowances, compound, submit to arbitration, and compromise
all accounts, reckonings, claims, and demands whatsoever that now are, or hereafter shall be,
pending between me and any person, firm, corporation, or other legal entity, in such manner
and in all respects as my Agent shall deem proper.

_______ (J) Personal and family maintenance. To hire accountants, attorneys at law,
consultants, clerks, physicians, nurses, agents, servants, workmen, and others and to remove
them, and to appoint others in their place, and to pay and allow the persons so employed such
salaries, wages, or other remunerations, as my Agent shall deem proper.

_______ (K) Benefits from Social Security, Medicare, Medicaid, or other governmental
programs, or military service. To prepare, sign and file any claim or application for Social
Security, unemployment or military service benefits; sue for, settle or abandon any claims to any
benefit or assistance under any federal, state, local or foreign statute or regulation; control,
deposit to any account, collect, receipt for, and take title to and hold all benefits under any
Social Security, unemployment, military service or other state, federal, local or foreign statute or
regulation; and, in general, exercise all powers with respect to Social Security, unemployment,
military service, and governmental benefits, including but not limited to Medicare and Medicaid,
which the principal could exercise if present and under no disability.
_______ (L) Retirement plan transactions. To contribute to, withdraw from and deposit funds
in any type of retirement plan (which term includes, without limitation, any tax qualified or
nonqualified pension, profit sharing, stock bonus, employee savings and other retirement plan,
individual retirement account, deferred compensation plan and any other type of employee
benefit plan); select and change payment options for the principal under any retirement plan;
make rollover contributions from any retirement plan to other retirement plans or individual
retirement accounts; exercise all investment powers available under any type of self-directed
retirement plan; and, in general, exercise all powers with respect to retirement plans and
retirement plan account balances which the principal could if present and under no disability.

_______ (M) Tax matters. To prepare, to make elections, to execute and to file all tax, social
security, unemployment insurance, and informational returns required by the laws of the United
States, or of any state or subdivision thereof, or of any foreign government; to prepare, to
execute, and to file all other papers and instruments which the Agent shall think to be desirable
or necessary for safeguarding of me against excess or illegal taxation or against penalties
imposed for claimed violation of any law or other governmental regulation; and to pay, to
compromise, or to contest or to apply for refunds in connection with any taxes or assessments
for which I am or may be liable.

_______ (N) ALL OF THE POWERS LISTED ABOVE. YOU NEED NOT INITIAL ANY OTHER
LINES IF YOU INITIAL LINE (N).

SPECIAL INSTRUCTIONS:

ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR


EXTENDING THE POWERS GRANTED TO YOUR AGENT.

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL


IT IS REVOKED.

THIS POWER OF ATTORNEY SHALL BE CONSTRUED AS A GENERAL DURABLE POWER


OF ATTORNEY AND SHALL CONTINUE TO BE EFFECTIVE EVEN IF I BECOME DISABLED,
INCAPACITATED, OR INCOMPETENT.

Authority to Delegate. My Agent shall have the right by written instrument to delegate any or
all of the foregoing powers involving discretionary decision-making to any person or persons
whom my Agent may select, but such delegation may be amended or revoked by any agent
(including any successor) named by me who is acting under this power of attorney at the time of
reference.
Right to Compensation. My Agent shall be entitled to reasonable compensation for services
rendered as agent under this power of attorney.

Successor Agent. If any Agent named by me shall die, become incompetent, resign or refuse
to accept the office of Agent, I name the following (each to act alone and successively, in the
order named) as successor(s) to such Agent:

_Jeffrey L Liu 320 De Leon Ave, Fremont CA 94539_______________________________

________________________________________________________________________

Choice of Law. THIS POWER OF ATTORNEY WILL BE GOVERNED BY THE LAWS OF THE
STATE OF CALIFORNIA WITHOUT REGARD FOR CONFLICTS OF LAWS PRINCIPLES. IT
WAS EXECUTED IN THE STATE OF CALIFORNIA AND IS INTENDED TO BE VALID IN ALL
JURISDICTIONS OF THE UNITED STATES OF AMERICA AND ALL FOREIGN NATIONS.

I am fully informed as to all the contents of this form and understand the full import of this grant
of powers to my Agent.

I agree that any third party who receives a copy of this document may act under it. Revocation
of the power of attorney is not effective as to a third party until the third party learns of the
revocation. I agree to indemnify the third party for any claims that arise against the third party
because of reliance on this power of attorney.

Signed this _______ day of _______________, 20____

______________________________
[Your Signature]

_______________________________
[Your Social Security Number]
CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

STATE OF CALIFORNIA
COUNTY OF ________________

This document was acknowledged before me on _______________ [Date] by


________________________________________________ [name of principal].

[Notary Seal, if any]:

_______________________________
(Signature of Notarial Officer)

Notary Public for the State of California

My commission expires: ___________________

ACKNOWLEDGMENT OF AGENT

BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE


FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.

_Terrence G Liu_______________________________________________
[Typed or Printed Name of Agent]

________________________________________________
[Signature of Agent]

PREPARATION STATEMENT

This document was prepared by the following individual:

_Terrence G. Liu _______________________________________________


[Typed or Printed Name]

________________________________________________
[Signature]

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