Affidavit of Attorney-in-Fact - California

California · Fillable PDF · Free

For agents signing at a closing or bank under a power of attorney. An agent is asked to swear that an existing power of attorney remains effective under Probate Code Section 4305. This affidavit does not create or expand your authority; confirm the receiving bank or title company's requirements.

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Who this form is for

  • Agents acting under an existing power of attorney.
  • Agents preparing for a bank transaction or real estate closing.

What you'll need

  • The power of attorney, its exact names, date, type and any recording details.
  • The transaction details, last contact with the principal and any evidence of a springing power's effectiveness.
  • A complete copy of the power of attorney, the recipient's instructions and acceptable identification for the agent.

How to complete it

  1. Read the packet and power of attorney. Confirm your authority and ask the bank or escrow officer whether it requires its own affidavit.
  2. Complete the principal, agent and transaction details accurately. Do not sign if statements about death, termination, revocation or your authority are untrue.
  3. Describe any required triggering event and attach a complete copy of the power of attorney. Ask about certified-copy requirements.
  4. Save and check the PDF in your own PDF app, then print. The agent signs under oath before the notary and submits the packet to the requesting party.

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These forms are a free convenience, not legal advice. First Choice Mobile Notary & Apostille is not a law firm. Consult an attorney licensed in the relevant state for legal questions.

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