Power of Attorney - General is a Recorder Sample Document published by the Riverside County Assessor-County Clerk-Recorder, and it includes an optional Durable Power of Attorney. A principal uses it to appoint an attorney (agent) to handle money, real property, personal property, loans, trusts and business transactions. It is one of the forms the Riverside County office lists with its Recorder forms. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the county does not accept it online, so it is delivered by mail or in person.
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What is Power of Attorney - General – Riverside County, CA?
Power of Attorney - General is a two-page sample document, titled "POWER OF ATTORNEY – GENERAL (includes optional DURABLE POWER OF ATTORNEY)", that lets a principal appoint an attorney to act in the principal's name, place and stead. It is published by the Riverside County Assessor-County Clerk-Recorder.
The printed text grants the attorney six groups of powers:
- (a) collecting money, debts and other sums owed to the principal, including suing for them and compromising claims;
- (b) real property: buying, leasing, selling, conveying and encumbering it;
- (c) personal property and goods: buying, selling and encumbering them;
- (d) borrowing and lending money and signing notes;
- (e) trusts, stock and other securities, and settling obligations;
- (f) transacting business generally and signing deeds, leases, mortgages, deeds of trust, releases and similar instruments.
Paragraphs (g) and (h) make the power durable. Paragraph (g) says the power is not affected by the principal's later incapacity. Paragraph (h) says it becomes effective upon incapacity. Each can be struck if it does not apply, and each has a blank for the number of years the power stays effective after the incapacity occurs. If (g) or (h) is not stricken, the Notice to Person Executing Durable Power of Attorney at the top of page 2 applies.
Page 2 holds the date and signature lines, a California notary acknowledgment and a two-witness declaration. The form states that it is not valid for health care decisions. The county says it makes no representation about whether its sample documents suit your purposes.
Who needs to file Power of Attorney - General – Riverside County, CA?
The main user is a principal: a person who wants to name an attorney (agent) to act for them on financial and property matters covered by paragraphs (a) through (f). The form is written for one or more principals, "jointly or severally, if more than one".
The person you appoint signs nothing on the printed form; the principal signs and dates it. The signature must then be acknowledged before a notary public or the form must be signed by two witnesses.
Principals who want the authority to continue after incapacity use paragraph (g). Those who want it to start only upon incapacity use paragraph (h). Principals who want neither strike both.
Do not use this form for health care decisions: it states that it is not valid for them. The county's forms page also says its employees cannot give legal advice or help prepare legal documents. If you are unsure which document fits your transaction, the county advises consulting an attorney or other qualified person. The form's own notice says the same if you do not understand any provision of it.
When to file Power of Attorney - General – Riverside County, CA
No deadline is printed on the form. You complete it when you decide to appoint an attorney, and it must be dated.
The form must be dated and either acknowledged before a notary public or signed by two witnesses before it is valid as a durable power of attorney. If two witnesses sign, they must witness either the signing of the power of attorney or the principal's signing or acknowledgment of the signature. A durable power that may affect real property should be acknowledged before a notary public so that it may easily be recorded.
When the power takes effect depends on your choices: under (g) it is not affected by later incapacity, and under (h) it becomes effective upon incapacity. Without a stated shorter period, the notice says the powers continue for the principal's entire lifetime unless the principal terminates them.
How to fill out Power of Attorney - General – Riverside County, CA
Complete the recording block
At the top of page 1, enter the name, street address, and city, state and ZIP code under "RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO". Leave the space marked for the Recorder's use empty.
Name the principal
After "KNOW ALL PERSONS BY THESE PRESENTS: That I," enter the full name of the principal; if more than one principal signs, enter all names.
Name your attorney
After "hereby make, constitute and appoint", enter the name of the person you are appointing as your attorney (agent).
Review the powers in (a)–(f)
Read paragraphs (a) through (f), which cover collecting money, real property, personal property, borrowing and lending, trusts and securities, and general business transactions. The form lists them as printed text with no options to select.
Decide on durability in (g)
Strike paragraph (g) if you do not want the power to survive later incapacity. If you keep it, enter the number of years it remains effective after the disability or incapacity occurs, if you wish to limit it.
Decide on springing effect in (h)
Strike paragraph (h) if the power should not wait for your incapacity. If you keep it, enter the number of years it stays effective after the incapacity occurs. Read the Notice on page 2 if (g) or (h) remains.
Date and sign the document
Under "WITNESS my hand this ___ day of ___", enter the day, month and year, then sign on the line provided. Each principal signs.
Arrange the notary acknowledgment
The notary completes the California acknowledgment: county, date, officer's name and title, and the signer's name, followed by the notary's signature and seal. Sign in front of the notary.
Or use two witnesses instead
If you use witnesses rather than a notary, enter the state, the day, month and year in the declaration, and have both witnesses sign the witness lines.
Review, download and print
Check every blank and each stricken paragraph. Download or print the completed PDF from FillingPDF, using black ink on 8 1/2" x 11" white paper, and sign it as described above before delivery.
How to submit Power of Attorney - General – Riverside County, CA
The county's forms page says its forms do not allow online submission and must be delivered by mail or in person to your local Assessor-County Clerk-Recorder office.
- Print requirements: the county states that all forms must be printed in black ink on 8 1/2" x 11" white paper.
- By mail or in person: deliver the signed and notarized (or witnessed) original to the local Assessor-County Clerk-Recorder office. The form and the county page give no street address, so find your office through https://www.rivcoacr.org/-forms.
- Recording block: the top of page 1 has "RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO" lines for a name and address, and a "SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY" that you leave empty.
No fee is stated on the form. Ask the office about any recording fee. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving both paragraph (g) and paragraph (h) in place when neither applies; the form says to strike a paragraph that is not applicable.
- Not striking (g) or (h) and then ignoring the Notice to Person Executing Durable Power of Attorney, which applies when either one is not stricken.
- Skipping the date on the signature lines; the notice says a durable power of attorney must be dated.
- Signing without either a notary acknowledgment or two witnesses; the notice requires one or the other.
- Having witnesses sign who did not see the principal sign or acknowledge the signature.
- Using the form for health care decisions; the form states it is not valid for them.
- Expecting a durable power affecting real property to be recorded easily without a notary acknowledgment; the notice says it should be acknowledged before a notary public.
- Printing on colored or non-letter paper or in another ink color; the county requires black ink on 8 1/2" x 11" white paper.
- Trying to submit the form online; the county says its forms must be delivered by mail or in person.
Frequently asked questions
What is the Riverside County Power of Attorney - General form?
It is a Recorder Sample Document from the Riverside County Assessor-County Clerk-Recorder. It lets a principal appoint an attorney to act for them on money, real property, personal property, loans, trusts and business matters, with an optional durable power of attorney.
Is this a Riverside County property tax form?
No. The form does not mention property tax. It is a Riverside County Assessor-County Clerk-Recorder sample document whose powers include real property transactions in paragraph (b). For property tax matters, ask the county office.
Does a durable power of attorney need a notary or witnesses?
Yes, one or the other. The form's notice says a durable power of attorney must be dated and either acknowledged before a notary public or signed by two witnesses. If it may affect real property, it should be acknowledged before a notary so it can easily be recorded.
Can I use this form for health care decisions?
No. The form states in capital letters that it is not valid for health care decisions. It covers the money and property powers printed in paragraphs (a) through (f).
What do paragraphs (g) and (h) mean?
Paragraph (g) says the power is not affected by the principal's later incapacity. Paragraph (h) says it becomes effective upon incapacity. Strike whichever does not apply; if either remains, the Notice on page 2 applies.
Can I submit the Riverside County power of attorney form online?
No. The county says its forms do not allow online submission and must be delivered by mail or in person to your local Assessor-County Clerk-Recorder office. Print them in black ink on 8 1/2" x 11" white paper.
Can county staff help me fill out the power of attorney?
No. The county says its employees are precluded from giving legal advice and cannot help prepare legal documents. It also makes no representation that the sample documents suit your purposes, and suggests consulting an attorney.
Can I fill out this form online on FillingPDF?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, is not affiliated with Riverside County, and does not notarize, record or deliver the document; you do that through the county's channels.
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