If my dad wants to grant me Durable Power of Attorney (limited to Real Estata-related transactions) to purchase property in California (where he will be moving to), but he currently lives in Arizona: Do we need a California, or an Arizona form?
If my dad wants to grant me Durable Power of Attorney (limited to Real Estata-related transactions) to purchase property in California (where he will be moving to), but he currently lives in Arizona: Do we need a California, or an Arizona form?
Either one should work; there has been a major effort to standardize power of attorney forms across the states, or at least to recognize forms from other states. I’d say that even within California, powers of attorney that do not strictly adhere to the prescribed (statutory) form are sometimes executed and honored, and on the other hand, there are instances where the California Uniform Statutory Form Power of Attorney (described in Probate Code section 4401) is not honored by a third person (in violation of Probate Code section 4406) for one reason or another, or perhaps out of ignorance.
I sometimes tell clients to determine in advance what the party they’ll be dealing with wants in a power of attorney in order to honor it without question. If the escrow company (for example) has its own form, then use it.
In your case, knowing this is not possible, I think the best advice is to look up Probate Code 4401 on line and copy the text, or buy a form that is guaranteed to comply with California Probate Code 4401 and/or to be the California Uniform Statutory Form Power of Attorney. The form should be in tune with the jurisdiction where it’s going to be used, not where the principal resides or where it’s signed. (For all I know, the Arizona form may be identical.)
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
P O Box 318
Tomales, CA 94971-0318