California Real Estate Power of Attorney Form

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A California real estate power of attorney is a personal planning document that allows an individual (the principal) to put in place an agent to manage their real property for the short or long term. The main actions which may be performed by the agent for the principal include:

  • Purchasing/selling property
  • Refinancing of debts
  • Property management (i.e., collect rent, manage tenants)

Depending on the tasks the principal needs completed, they can specify certain permissions for the agent or they can give their agent sweeping authority over their property. To put the POA into place, the principal will need to sign the form in front of two (2) witnesses and a notary public. The agent does not need to sign.


 


On the second page of the document the principal has the option to make the POA durable. If both a checkmark and initials are written next to the option “Shall Not,” the agreement WILL NOT be terminated in the case the principal can no longer make decisions for themselves.

It is extremely important that the principal weighs the decision of whether or not make the POA durable, as if the principal were to become incapacitated, they would not be be able to issue a revocation, and the agent’s power would remain in effect.

Laws§ 4123(b)