Uniform Statutory Form Power Of Attorney California: Fill & Download for Free

Based on the comment exchange above, I am going to describe a course of action that I believe is most likely to result in a favorable outcome for the OP:Use California's Uniform Statutory Form Power of Attorney (available athttps://eap.ucsb.edu/sites/default/files/PowerofAttorney.pdf and elsewhere).Ensure that the POA form is completed and notarized appropriately.Present the POA. If the third party refuses to honor the POA, point out that under Probate Code Section 4406 (CA Codes (prob:4400-4409)), refusal to honor the POA can result in the OP bringing suit to enforce the POA and being awarded attorneys' fees and other amounts.If discussion of Probate Code Section 4406 does not persuade the third party to act appropriately, have a lawyer write a letter to the third party explaining why the third party should honor the POA.

Your parents can serve as your attorneys in fact pursuant to a power of attorney executed by you.California offers a Uniform Statutory Power of Attorney (https://cmdblaw.com/wp-content/uploads/2017/01/USFPOA-.pdf)However, many financial institutions and health care organizations insist you use their own forms.

In the US, under the US Constitution, Article II (Appointments Clause), the President is delegated the authority to appoint “officers,” i.e., those persons who will help the President fulfill their Constitutional and statutory functions, carry out the laws, defend the US, etc.There are two primary kinds of officers under the Constitution:Principal — those who are nominated by the President for their office, and whose appointment must be “consented to” by the US Senate, in the Senate’s Constitutional role of “advise and consent” for the President’s appointment of all principal, and some inferior, officers.Inferior — all other officers who are appointed to any civil or military office in the Executive Branch. The Senate does “advise and consent” to many of them, especially a few statutory offices, and the more senior officers of the civil service and military. For other officers, the Constitution permits the President to either appoint them directly, or delegate their appointments to principal officers such as the Cabinet Secretaries (e.g., Secretary of State, Secretary of Homeland Security, etc.), or the sub-cabinet Secretaries of the Army, Navy, and Air Force.There is no exact, bright-line test to define which officers are “principal” and which are “inferior,” but the general rule is only the very highest echelon of officers requires Senatorial advice and consent, and thus those are the principal officers, who fulfill duties of such vast and great responsibility, often with direct access and reporting to the President, that the Senate is required to oversee their appointment and ensure their fitness for their duties.Notice, also, that the US Constitution (as well as State constitutions, and historical practices) doesn’t define “officer” solely by a civil, or military, rank. Instead, an “officer” is a person who is appointed to an “office” of trust and responsibility, performing specific duties that are determined by the President (or Congress, through legislation) to be necessary for the functioning of some important aspect of the US Government.Thus, there are civil officers appointed throughout the various US Government’s departments and agencies, including the Foreign Service Officers in the Department of State, Federal law enforcement officers in various Agencies, officers of the court and US Attorneys in the DoJ, and many others.Similarly, each State and Territory has a mechanism to appoint civil officers throughout their respective Governments, including law enforcement officers.The US Constitution requires that upon appointment, each appointee must swear an oath of loyalty to the US Constitution, the exact wording of which can vary somewhat from Agency to Agency, but must be accomplished before the new officer can actually “enter upon their office” and assume their responsibilities. For most Federal officers, this is the Oath of Office, and the wording might vary somewhat.An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: “I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.” This section does not affect other oaths required by law.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 424.)For State and Territory civil and military officers, they must swear the same Oath to the US Constitution, as well as whatever Oath their State or Territory requires:Constitution, Article 6 – Debts, Supremacy, OathsThe Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. (See: The Oaths of Office)An example is California’s Oath of Office:* CALIFORNIA CONSTITUTION - CONSARTICLE XX MISCELLANEOUS SUBJECTS [SEC. 1 - SEC. 23]( Article 20 adopted 1879. )SEC. 3.Members of the Legislature, and all public officers and employees, executive, legislative, and judicial, except such inferior officers and employees as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation:“I, ___________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.“And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or organization, political or otherwise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or otherwise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means except as follows:_____ (If no affiliations, write in the words “No Exceptions”) _____and that during such time as I hold the office of _____ (name of office) _____I will not advocate nor become a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means.”And no other oath, declaration, or test, shall be required as a qualification for any public office or employment.“Public officer and employee” includes every officer and employee of the State, including the University of California, every county, city, city and county, district, and authority, including any department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing.(Sec. 3 amended Nov. 4, 1952, by Prop. 6. Res.Ch. 69, 1951.)The US Constitution also provides that the President shall appoint the “Officers of the United States.” And, further, that the Officers of the United States shall hold a commission. Again, the wording for certain categories of officers differs slightly, but the essential form and wording remains consistent.States and Territories, also, have requirements for commissions for their officers.Now…with all the historical background provided, we are in a position to better answer the Quora question:“What ranks are considered to be officers and does this apply for all sectors?”The use of the word “rank” implies this to be focused on “military officers” as opposed to civil officers, law enforcement officers, officers of the court, foreign service officers, Ambassadors, legislators, OR civilian corporations with “officers” such as the Chief Executive Officer, the Chief Operating Officer, etc.So, let’s zoom in and address this more directly, in the sense of military officers, and only from the US perspective; clearly there are as many other ways to define military officers as there are nations:US military officers are of 4 classes —Commissioned Officers: with pay grades from O-1 (second lieutenant, or ensign in the Navy/USCG), up to O-10 (4-star generals and admirals).Each Armed Force has officers of each grade, although at the very top, there might be only a very few authorized.Each commissioned officer has been appointed to their current grade by either the President or the Secretary of Defense, with those more senior officers (O-4 and above in the Active Component, and O-6 and above in the Reserve Component), scrolled for Senatorial advice and consent before effecting the appointments.Each commissioned officer receives a new commission each time they are “promoted,” i.e., reappointed to a higher pay grade.Each commissioned officer is, by law, required only to take their Oath of Office once, i.e., upon their first appointment to a commissioned grade (provided they have unbroken service since that Oath was taken).If a commissioned officer retires, they retain their pay grade, their rank, and their commission, and they do not again have to swear a loyalty oath (unless they are appointed to another office such as a civil office).Warrant Officers: with pay grades from W-1 through CWO-5.The USN and USCG do not appoint to W-1.The USCG does not appoint to CWO-5.The USAF does not appoint ANY warrant officers; their duties were divided amongst junior commissioned officers and senior enlisted noncommissioned officers during the late 1950’s and early 1960’s.W-1’s are appointed by warrant, not a commission, signed by the Secretary of Defense. (In the past, W-1 warrants were often signed by the Service Secretaries, but this has since changed.)In terms of authority granted to the W-1, as an officer, there is essentially no difference between their warrant and a commission.There is, however, a Constitution distinction: only commissioned officers may be considered “Officers of the United States.” Thus, W-1’s are by statute and tradition considered as officers, and in almost all ways receive the same treatment, honors, and courtesies extended to other commissioned officers, but there certain legalities that stem from the Constitutional difference between their warrants, and the commissions of “Officers of the United States.”These legalities, for the most part, manifest themselves in treatment accorded to warrant officer-1’s under the Uniform Code of Military Justice (UCMJ), such as not including W-1’s under punitive Article 133, pertaining to “Conduct Unbecoming” by officers, cadets, or midshipmen; the difference in charging violations of striking or disobeying a W-1 vs. any other commissioned officer; and the effect of dismissing commissioned officers as a punitive discharge by a General Court-Martial upon conviction of any offense vs. providing a dishonorable discharge (identical in all respects to an enlisted dishonorable discharge) upon conviction of any offense by General Court-Martial.Upon appointment to Chief Warrant Officer-2, the officer is commissioned, although not required to swear the Oath of Office again (but in practice almost all officer promotions restate the Oath, to remind the officer of the awesome trust and confidence placed in them), receives a paper commissioning document from the Secretary of Defense, and is a full “Officer of the United States.”If a warrant officer, whether commissioned or with warrant, retires, they retain their pay grade, their rank, and their commission (or warrant, as the case may be), and they do not again have to swear a loyalty oath (unless they are appointed to another office such as a civil office).Other comments above for commissioned officers are generally applicable to chief warrant officers, as they are commissioned, too, simply appointed to a different pay grade, using different manpower sourcing methods in each Service.Cadets and Midshipmen: without formal pay grades, but with formal military status defined by the Appointments Clause, statute, and regulations. There are two types:Cadets are appointed officer candidates at the Federal Service Academies of the Army, Air Force, and Coast Guard. The Army and Air Force also maintain Senior ROTC programs to commission officers into those respective services, and appoint Cadets to those programs as well. The USCG does not have a ROTC program (but uses other commissioning sources).Midshipmen are appointed officer candidates at the Federal Service Academies of the Navy and Merchant Marine. The Navy and USMC both use the Naval Academy and Navy Senior ROTC to appoint Midshipmen. The USMC does not have an independent Service Academy or ROTC program.Further, the Merchant Marine uses affiliated State Maritime Academies to assist in producing quality Merchant Marine officers, who are all initially commissioned officers in generally either the US Navy Reserve, or the USCG Reserve (with some exceptions, who may request to be commissioned into one of the other Services, if otherwise qualified and that Service accepts the individual).Cadets and Midshipmen of the Army, Navy, Air Force, and USCG Academies sign a service contract, swear the Oath of Office (wording varies slightly by Academy), and serve with the rank of Cadet or Midshipmen in their respective Reserve Components (i.e., Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, Coast Guard Reserve) until they are commissioned or disenrolled from the program. They also serve full-time, 24/7/365, on active duty during their Academy, thus they are subject to the full UCMJ authority, and receive pay at the rate of 35% of a O-1 (with less than 2 years for longevity, which is roughly what an E-5 makes), although their Academy service is not creditable itself toward either retirement or longevity for pay (unless they later serve as an enlisted member).Midshipmen of the Merchant Marine Academy sign a service contract, swear the Oath of Office, and serve with the rank of Midshipmen in the Navy Reserve until they are commissioned or disenrolled from the program. They do NOT serve full-time on active duty during their Academy, only during specific periods of active duty for training such as sea cruises, thus they are only subject to the full UCMJ authority during those periods of service, and only receive pay at the rate of 35% of a O-1 (with less than 2 years for longevity, which is roughly what an E-5 makes) during those periods of active duty for training, although none of their Academy service is creditable itself toward either retirement or longevity for pay (unless they later serve as an enlisted member, in which some of their US Merchant Marine Academy service might be creditable).Cadets and Midshipmen of Army, Navy, and Air Force Senior ROTC sign an enlisted service contract, swear the Oath of Office, and serve with the rank of Midshipmen in their respective reserve component until they are commissioned or disenrolled from the program. They do NOT serve full-time on active duty during their ROTC program, only during specific periods of active duty for training such as sea cruises and officer candidates school, thus they are only subject to the full UCMJ authority during those periods of service, and only receive pay at the rate of 35% of a O-1 (with less than 2 years for longevity, which is roughly what an E-5 makes) during those periods of duty, although none of their ROTC service is creditable itself toward either retirement or longevity for pay (unless they later serve as an enlisted member, in which case some of their ROTC service might be creditable).Only the Army (there are no corresponding regulations in the Sea Services or the Air Force) has specifically provided a place in the chain of command for Cadets (and by extension, their naval equivalents Midshipmen through the principle of recognizing equivalency of seniority amongst officers of the various Uniformed Services…), through paragraph 2–9 of AR 600–25, Army Command Authority: https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/r600_20.pdf, which provides that:“2–9. Absence or disability of all officers of a unit. On death, disability, or absence of all officers of a unit normally commanded by an officer, the appropriate commander of the next higher command permanently assigns an officer to command, preferably of the branch to which the unit belongs. Pending assignment and arrival of the new commander, the senior WO, cadet, NCO, specialist, or private regularly assigned to the unit will exercise temporary command. Restrictions on assuming command in paragraphs 2–15 and 2–16 apply. Assumption of command will be as noted in paragraph 2–8.”Notice, thought, that in the real world, the odds of this happening are extremely slim, and it would be the very unlucky cadet indeed who found themselves temporarily in command of any body of troops, for any reason other than a deliberate training exercise, outside of their academic settings.However, the failure of the cadet to assume command, when required by AR 600–25, would open the cadet up to disciplinary action under the UCMJ for violation of punitive Article 133, Conduct Unbecoming an Officer. This is because cadets and midshipmen are explicitly included as “officers” under the UCMJ’s definitions, including the possibility of dismissal from the Service as a punitive discharge as a result of any conviction by a General Court-Martial (the same as for any commissioned officer, and unlike warrant officer-1’s and enlisted members).Thus, while Cadets and Midshipmen are not found in any official rank chart, have no official pay grade or seniority established by law, and are not appointed by warrant or commission to their offices, they ARE appointed to an “office” under the Constitutional mechanisms of the Appointments Clause, have sworn the Oath of Office (not the Oath of Enlistment) exactly as any other officer, hold a rank other than an enlisted rank, and are treated essentially like commissioned officers under the UCMJ.They are not, however, normally (except by local commander policies) entitled to the customs and courtesies accorded to warrant and commissioned officers, e.g., enlisted members are not required by statute or regulation (or custom) to salute them. (Subject of course to professional standards of comportment and courtesy…while they are not entitled to a salute by regulation, normal courtesies are due as for any servicemember...especially one who might be your boss next month…).A cadet or midshipman is not normally entitled to retirement from the armed services, whether they were appointed to a Service Academy or Senior ROTC. However, if they were retired for disability caused by a service-connected injury or illness, they might be retired in their rank of “cadet” or “midshipman,” and retain that title, their rank, and their “office,” and they do not again have to swear a loyalty oath (unless they are appointed to another office such as a civil office).Non-Commissioned Officers:Among enlisted servicemembers, appointment to noncommissioned officer or petty officer ranks is also appointment to an “office,” thus rendering the enlisted member an “officer,” albeit one without a commission — or a warrant.In the Sea Services (Navy, Marines, USCG), appointment to pay grade E-4 is, by definition, appointment to NCO or PO status (Marine corporal, and Navy/USCG petty officer third class).In the Army and the Air Force, promotion to E-4 does not automatically result in appointment as NCO’s:Army E-4’s first usually serve as specialists, holding pay grade E-4 but without the authority of appointment to an office that comes with corporal. Effectively, an Army specialist who is “promoted” to corporal is actually reappointed within their pay grade (E-4) to a different type of military status: that of an NCO, with an office of trust and responsibility, and specified authority within the chain of command.In the Air Force, appointment to staff sergeant, pay grade E-5, is considered entering the office of an NCO, with concomitant authorities.As NCO’s and PO’s, enlisted members continue to be bound by their current enlistment contract, and their enlistment Oath (which is subtly different from the Oath of Office), and their continued service and appointment to higher grades is largely determined by Service policies established by law, or using authority delegated down from the President through the Secretary of Defense to the individual Service Secretaries.NCO’s and PO’s are not, by regulation or custom, entitled to the normal courtesies accorded to warrant and commissioned officers, i.e., salutes, use of “sir/ma’am” in speech, and generally are not placed into situations of command normally reserved for warrant or commissioned officers.However, as the wording in paragraph 2–9 of AR 600–25, Army Command Authority, shows, in the event of the absence or incapacitation or death of a unit’s officer(s), the senior enlisted leader will temporarily assume command until properly relieved from that duty. This is one of the perquisites of appointment to the office of an NCO or PO: definitive places in the chain of command, with the authority to do so.An oft-overlooked, but highly relevant perquisite accorded to NCO’s and PO’s is the “power of apprehension,” i.e., the military version of the “powers of arrest.” Thus, upon appointment to the office of an NCO/PO, that enlisted member is immediately entrusted, under the UCMJ as defined by the US Congress and implemented into law and regulations throughout the US Armed Forces, with the authority to apprehend (either by words alone, or through that minimum physical force required to effect the apprehension) any other military member who is subject to the UCMJ, and who is involved in a quarrel, affray, or disorder, or a violation of any other punitive order or the UCMJ.Non-commissioned officers, and petty officers, as a class of servicemembers, are entrusted with a sliver of Constitutional authority that enables them to not only lead, but to command, and even to apprehend other servicemembers, when the situation calls for it.SUMMARY:There are both civil and military officers, at both the Federal and State levels.Both types of officers have Constitutionally required mechanisms for appointment, including nominations, “advise and consent,” commissions, warrants, and Oaths.Of those officers appointed in the US Armed Forces (and the Commissioned Corps of the NOAA and Public Health Service, who generally follow the same rules), there are 4 types:Commissioned,Warrant,Cadets and Midshipmen, andNon-Commissioned Officers and Petty Officers.By law, custom, and tradition, certain courtesies (salutes, etc.) are accorded to all commissioned and warrant officers.Notwithstanding their “quasi-rank,” Cadets and Midshipmen have formal military status, and are appointed as officers, but are not entitled to the full panoply of courtesies accorded to commissioned and warrant officers.As inferior officers, appointed through the Constitutionally delegated authority of a principal officer, i.e., Presidential appointment authority delegated down through the Secretary of Defense and the Service Secretaries, or the Secretary of Homeland Security when the USCG is not serving as a separate service in the Department of the Navy, NCO’s and PO’s are officers, and have been appointed to an “office.”These are not terms in which most military officers, NCO’s, or PO’s, are used to thinking, as almost always, when anyone in the DoD, or the USCG, and many others, is asked, “Who are the officers?”, the answer revolves solely around military officers with commissions or warrants…but…Cadets and Midshipmen, as well as NCO’s and PO’s, are also officers, albeit not commissioned, and with varying levels of authority and purposes.