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The Sjcera Special Power Of Attorney form is a crucial legal document that empowers an individual to appoint a specific agent to manage their affairs, particularly with respect to benefits provided by the Santa Clara County Employees' Retirement Association (SJCERA). This form plays a vital role in ensuring that decisions about retirement benefits, including withdrawals and account management, can be effectively handled by another trusted individual. By granting this authority, the individual (known as the principal) allows the appointed agent to access sensitive information, make decisions on their behalf, and act within specified parameters. The form is designed to be straightforward, laying out the responsibilities and limitations of the agent, and it can be tailored to reflect the principal's unique needs and preferences. Properly executed, this document not only streamlines the management of retirement benefits but also offers essential peace of mind, facilitating smoother transactions and communication with SJCERA. In an era where personal involvement may be limited due to various circumstances, understanding and utilizing this form becomes increasingly important for secure financial management.
Sjcera Special Power Of Attorney Example
SPECIAL POWER OF ATTORNEY
SECTION 1
When completing this form, please be sure to print the requested information.
For the purpose of this form, a principal is defined as a person who empowers another to act as a representative on that person's behalf.
Creation of Special Durable Power of Attorney for
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Name of Principal (First Name, Middle Initial, Last Name) |
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Social Security Number or SJCERA ID |
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By this document I intend to create a durable power of attorney by appointing the person named below to make
SJCERA.
SECTION 2
You have the option of designating more than one
Designation of
If you appoint more than one
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I have designated more than one
Separately
Alternately, in the numerical order specified above. If you mark "Alternately," you must number the Attorneys-
SJCERA Special POA |
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Put your name and
Social Security
Number or SJCERA
ID at the top of every Name of PrincipalSocial Security Number or SJCERA ID page
SECTION 3 General Statement of Authority Granted
I hereby grant my
My |
is not) authorized to select any payment option available under the |
•retirement plan, even though it may reduce the monthly allowance that would otherwise be paid to me during my lifetime.
•My
•My
•I give the following instructions that limit or extend the powers granted to my
SECTION 4
Please be careful in choosing when you want your power of attorney to commence or terminate.
Duration of Power of Attorney
Please check one box to indicate your choice.
Unless I indicate otherwise, this power of attorney is effective immediately and will continue until it is revoked. My
This special durable power of attorney is to commence immediately and to remain in effect for my lifetime or until I specifically cancel it.
This special limited power of attorney is to commence on ____________________ and
terminate on ____________________________ . |
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This special contingent power of attorney is to commence only upon a determination that I am incapacitated and/or unable to handle my own affairs. The determination of whether I am incapacitated and/or unable to handle my own affairs shall be made by
____________________________________________________________ .
Name or Title of Person to Make the Determination
This special general power of attorney is to terminate in its entirely if I become incapacitated.
SJCERA Special POA |
Page 2 of 5 |
Put your name and
Social Security
Number or SJCERA
ID at the top of every Name of PrincipalSocial Security Number or SJCERA ID page
SECTION 5
Agent is the
Notice to Person Executing Durable Power of Attorney
The authority granted by the SJCERA Special Power of Attorney form is limited to matters related to SJCERA. The person designated as your
You may notice that the language contained in the following (Warning) statement refers to more extensive authority than granted by the SJCERA Special Power of Attorney. This (Warning) statement is required by California Probate Code Section 4128 to be included in all
(Warning): Notice to Person Executive Durable Power of Attorney
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 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 regarding 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. (Please choose one or the other, but not both!) 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 be easily recorded.
•You should read this durable power of attorney very 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.
SJCERA Special POA |
Page 3 of 5 |
Put your name and
Social Security
Number or SJCERA
ID at the top of every Name of PrincipalSocial Security Number or SJCERA ID page
SECTION 6
To be reviewed and signed by the Attorney
Notice to Person Accepting the Appointment of
By acting or agreeing to act as the agent
•The legal duty to act solely in the interest of the principal and to avoid conflicts of interest
•The legal duty to keep the principal’s property separate and distinct from 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.
Print Name of Agent
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Signature of Agent |
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Print Name of Agent |
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Signature of Agent |
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Print Name of Agent |
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Signature of Agent |
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SECTION 7
To be completed and signed by the Principal.
Principal's Acknowledgement and Execution
I am of sound mind and either understand my elections or talked with an attorney. I am executing this legal document under my own free will.
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Print Name of Principal |
Social Security Number or SJCERA ID |
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Signature of Principal |
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SJCERA Special POA |
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Put your name and
Social Security
Number or SJCERA
ID at the top of every Name of PrincipalSocial Security Number or SJCERA ID page
SECTION 8
To be completed and signed by two witnesses who are not named as Attorneys-
Witness Information
I have witnessed the Principal's signature or the Principal's acknowledgment of the signature designating power of attorney. I attest to the Principal's knowledge that I am of sound mind. I am an adult at least 18 years old and not the
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Signature of Witness 1 |
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Print Name of Witness 1 |
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SECTION 9
To be completed by a notary public.
This section does not need to be completed if you have completed Section 8. SJCERA images these documents. Please be advised embossed seals may not appear when this document is imaged. An inked stamp is preferred.
Notary Public Acknowledgement
Notary
StateCounty
On _______________________ before me ________________________________________________,
Date (mm/dd/yyyy)Printed Name of Notary Public
personally appeared ________________________________________, who proved to me on the basis of
Printed Name of Principal
satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under Penalty of Perjury under the laws of the State of California that the foregoing paragraph is true and correct.
Witness my hand and official seal.
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Signature of Notary Public |
Notary Seal |
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MAIL TO: |
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SJCERA • 6 S. El Dorado Street, Suite 400 • Stockton, California • |
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SJCERA Special POA |
Page 5 of 5 |
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05/2020
File Breakdown
| Fact Name | Details |
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| Purpose | The Sjcera Special Power of Attorney form authorizes an agent to act on behalf of an individual in specific matters. |
| Agent Selection | The individual must choose a trusted person as their agent to handle designated responsibilities. |
| Scope of Authority | This form allows for limited powers that can be clearly defined by the individual granting the authority. |
| Governing Law | This form is governed by the laws of the respective state where it is executed, most commonly adhering to state statutes regarding powers of attorney. |
| Revocation | The individual can revoke the power of attorney at any time as long as they are of sound mind. |
| Signing Requirements | Typically, the form must be signed in the presence of a notary public or witnesses, depending on state regulations. |
| Durability | If specified, the power of attorney can remain effective even if the principal becomes incapacitated. |
| Duration | The power of attorney will remain in effect until the expiration date specified in the form or until it is revoked. |
| Limitations | The powers granted can be specific and may exclude certain actions, such as selling real estate or making medical decisions, unless explicitly included. |
| Not for All Situations | This form is not a substitute for a living will or a comprehensive estate plan, which may be required for broader decisions. |
Guide to Using Sjcera Special Power Of Attorney
Completing the SJcera Special Power of Attorney form is a crucial step in ensuring your wishes are represented accurately. After you fill out the form, it will need to be signed and submitted as directed. Be sure to review your information thoroughly before finalizing the document.
- Start by downloading the SJcera Special Power of Attorney form from the designated website or obtain a physical copy.
- Begin filling out your personal information at the top of the form. This typically includes your full name, address, and contact information.
- Identify the person you are appointing as your agent. Include their full name, address, and relationship to you.
- Clearly indicate the specific powers you wish to grant your agent. Use the provided sections to elaborate on any particular authorities.
- Read through the form carefully. Ensure all information is accurate and complete.
- Sign and date the form in the designated areas. Your signature should match the name you provided at the top.
- Have the document notarized if required. This step is crucial for legal validation.
- Keep a copy of the completed form for your records. Ensure your agent also has a copy.
- Submit the original form as per the instructions provided with the document.
Get Answers on Sjcera Special Power Of Attorney
What is the Sjcera Special Power Of Attorney form?
The Sjcera Special Power Of Attorney form is a legal document that allows an individual to designate someone else to act on their behalf in specific matters related to retirement and pension benefits. This could include decisions regarding investment management, benefit elections, or other related tasks. It ensures that your interests are represented, even if you are unable to do so yourself.
Who can be designated as an agent using this form?
Any competent adult can be designated as an agent. This individual could be a family member, trusted friend, or financial advisor. However, it is crucial to choose someone who understands your financial situation and can act in your best interest. Before naming someone, consider their ability to effectively manage the responsibilities outlined in the power of attorney.
Are there limits to what the agent can do on my behalf?
Yes, the powers granted can be limited to specific actions that you outline in the form. You have control over which decisions the agent can make. For example, you might allow them to handle only certain investment decisions or manage particular accounts. Be explicit about the scope of the agent's authority to ensure it aligns with your preferences.
How can I revoke a Special Power Of Attorney once it has been granted?
If you wish to revoke the Special Power of Attorney, you must do so in writing. Create a formal revocation document and communicate this to your agent as well as any institutions where the agent has acted on your behalf. It is advisable to provide copies of the revocation to any relevant parties to prevent any future actions taken without your consent.
Common mistakes
When filling out the Sjcera Special Power of Attorney form, individuals often overlook critical details that can lead to complications down the road. One common mistake is failing to clearly identify the parties involved. It’s essential to include the full name and address of both the principal (the person granting the authority) and the agent (the person receiving the authority). Without this information, the document may not be valid.
Another frequent error is neglecting to specify the powers being granted. The form should outline the specific authority given to the agent. A vague description could result in misunderstandings or limitations in the agent's ability to act on behalf of the principal. Make sure every power you intend to grant is explicitly stated to avoid confusion.
Many also forget to sign the form in accordance with state requirements. It might seem like a simple step, but signatures typically need to be notarized or witnessed to ensure their legitimacy. Skipping this step can invalidate the entire power of attorney, resulting in delays and potential legal challenges.
Additionally, individuals might fail to consider future changes in circumstances. It’s wise to include a date of execution on the form. If situations change, having a clear execution date helps in determining the validity of the document over time. Forgetting to do this can create ambiguity about when the powers were granted.
Finally, some people do not keep copies of the completed form for their records. After the form is signed and notarized, it is imperative to retain several copies. This ensures that both the agent and the principal can access the document when needed and prevents any issues related to lost or misplaced forms.
Documents used along the form
The SJcera Special Power of Attorney form is a crucial document that grants authority to another individual to make decisions on behalf of the principal. When utilizing a Special Power of Attorney, several additional forms and documents may be necessary to ensure a comprehensive approach to managing affairs. Here are four commonly used documents that often accompany the SJcera Special Power of Attorney form.
- Durable Power of Attorney: This form allows an individual to appoint an agent who can make decisions on their behalf, even if they become incapacitated. It remains effective until the principal's death or revocation, ensuring continued representation.
- Advance Healthcare Directive: This document combines a living will and power of attorney for healthcare decisions. It outlines an individual’s medical treatment preferences and designates someone to make healthcare-related decisions if the person is unable to communicate their wishes.
- Living Will: A living will provides specific instructions regarding medical care in situations where a person is unable to communicate their desires. This document focuses on end-of-life care, helping to alleviate the burden on family members during difficult times.
- Wills and Testaments: While a will isn't directly linked to a power of attorney, it serves as a critical document that outlines how an individual's assets should be distributed after their death. It can also appoint guardianship for minor children, ensuring their best interests are prioritized.
Utilizing these accompanying documents alongside the SJcera Special Power of Attorney form ensures that all aspects of personal and financial management are covered, providing peace of mind to both the principal and their loved ones.
Similar forms
- General Power of Attorney: This document gives someone the authority to act on behalf of another person in a broad range of legal and financial matters, similar to the Sjcera Special Power Of Attorney but with wider powers.
- Durable Power of Attorney: Like the special power of attorney, it remains valid even if the principal becomes incapacitated. However, it covers a broader scope of authority beyond specific tasks.
- Limited Power of Attorney: This document grants limited powers for a specific purpose or time frame. It's similar in that it designates specific actions the agent can take but is even more restricted than the Sjcera version.
- Health Care Power of Attorney: This allows someone to make medical decisions on behalf of another person. While the Sjcera document handles financial matters, this one focuses on health care needs.
- Financial Power of Attorney: This grants authority over financial decisions. While it mirrors the Sjcera Special Power Of Attorney's focus on specific financial tasks, it does not restrict the scope to the specific situations outlined in the Sjcera form.
- Springing Power of Attorney: This type becomes effective only upon a certain event, often the incapacitation of the principal. Its functional emphasis may align with the Sjcera form’s purpose, though it acts differently in terms of timing.
- Revocable Trust: A revocable trust allows the creator to retain control over their assets while designating a trustee to manage them. This is somewhat similar since both documents allow someone to manage affairs, albeit in very different contexts.
- Business Financial Power of Attorney: This document enables an agent to make decisions for business-related financial matters. Like the Sjcera form, it empowers an agent, but its focus is specifically on business finance.
Dos and Don'ts
When completing the Sjcera Special Power Of Attorney form, it's important to approach the task with care. Here are nine key things to consider:
- Do read the entire form carefully before starting.
- Do provide accurate and up-to-date information.
- Do sign the form in the presence of a witness or notary, if required.
- Do check for and correct any errors before submission.
- Do keep a copy of the completed form for your records.
- Don't rush through the form; take your time.
- Don't leave any sections blank unless instructed.
- Don't assume anything; clarify any uncertainties.
- Don't forget to inform the designated agent of their responsibilities.
Misconceptions
Understanding the Sjcera Special Power of Attorney form is essential for effective estate planning. However, several misconceptions can lead to confusion and even mismanagement of important legal matters. Here are five common misconceptions regarding this form:
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The form can only be used for financial matters.
This is not true. While the Sjcera Special Power of Attorney often empowers an agent to handle financial transactions, it can also grant authority over personal affairs, healthcare decisions, and various other specific actions as designated by the principal.
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It requires extensive legal knowledge to fill out.
Although legal language can be complex, the Sjcera Special Power of Attorney form is designed to be user-friendly. Individuals can complete it with clear instructions, ensuring they provide the necessary information without needing an attorney’s assistance.
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Once signed, it cannot be changed or revoked.
Contrary to this belief, a principal retains the right to amend or revoke the power of attorney at any time, as long as they are mentally competent. This flexibility allows individuals to adapt to changing circumstances.
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All powers must be granted to the agent without limitation.
This is a common misconception. The Sjcera Special Power of Attorney form allows the principal to specify which powers are being granted. It can be tailored to provide only the specific authority needed.
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The document needs to be notarized to be valid.
While notarization can add an extra layer of credibility, it is not always a requirement for the Sjcera Special Power of Attorney form. Validation often depends on state law, which can vary. Thus, understanding local requirements is key.
Addressing these misconceptions can empower individuals to make informed decisions regarding the management of their personal and financial affairs.
Key takeaways
When filling out and using the SJCERA Special Power of Attorney form, it’s important to keep several key aspects in mind. Each element of this process ensures that your intentions are clearly communicated and legally recognized.
- Understand the purpose: This form allows a designated individual to manage your retirement benefits and make decisions about your SJCERA account on your behalf.
- Choose your agent carefully: Your agent should be someone you trust to act in your best interest, as they will have significant authority over your financial decisions.
- Complete the form accurately: Fill out all required fields, ensuring that names, addresses, and specific powers granted are clearly stated to avoid confusion.
- Sign in the appropriate places: Your signature, along with the date, must be included for the form to be valid. Check for any additional witness or notary requirements.
- Keep copies: After the form is complete, make several copies for your records and for your agent. This will help facilitate smooth transactions in the future.
- Notify your agent: Ensure that your agent is aware of their responsibilities and has the necessary documents to act on your behalf.
- Review regularly: Reassess your power of attorney periodically to ensure it reflects your current wishes and that your agent remains the right choice.
- Understand revocation: If you wish to change or revoke the power of attorney, follow the specified process to ensure your previous authority is properly terminated.
Staying informed and proactive can make the process smoother and help safeguard your interests. Remember, transparency and communication with your appointed agent are crucial to ensure that your intentions are honored.