Wells Fargo Power of Attorney Template Access Wells Fargo Power of Attorney Editor Now

Wells Fargo Power of Attorney Template

The Wells Fargo Power of Attorney form is a crucial document that allows you to appoint someone you trust to manage your Allspring Funds account(s) on your behalf. This appointment can cover a wide range of actions from buying and selling mutual funds to changing beneficiary designations, depending on your specific needs and instructions. Whether for planning ahead or addressing current financial management needs, understanding and completing this form is essential for a smooth delegation of these powers.

Ready to ensure your financial affairs are managed according to your wishes? Click the button below to fill out the Wells Fargo Power of Attorney form today.

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Table of Contents

When individuals plan for the management of their financial affairs, the Power of Attorney (POA) form provided by Wells Fargo for Allspring Funds accounts stands as a crucial document. This form enables account holders to legally appoint someone else, known as an attorney-in-fact, to make financial decisions on their behalf. Notably, it excludes custodial, estate, or guardianship accounts from this delegation. The form details the process for establishing the POA, including the designation of the attorney-in-fact, specifying whether the power granted is durable—continuing even if the principal becomes incapacitated—or nondurable—ending upon the principal's incapacitation. The responsibilities endowed upon the attorney-in-fact are comprehensive, ranging from transactional authority over mutual fund shares to beneficiary changes and more, with additional powers for retirement accounts specifically outlined. Furthermore, the form alerts the principal and attorney-in-fact to important legal implications, mandates notarization of signatures, and underscores the significance of the POA being acknowledged before a notary. It replaces any previous POA designations for Allspring Funds accounts and subjects all actions taken under it to California law, ensuring third parties may act on the POA without further investigation and highlighting the legal and fiduciary duties of the attorney-in-fact. Lastly, it aligns with the USA PATRIOT Act requirements for identity verification, underscoring the document's legal importance and the serious consideration required before its execution.

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Adding a Power of Attorney (POA) to a

Home Equity or Mortgage Account

Apotential attorney-in-fact ("Agent") must complete and submit the following required documentation:

The Submission Cover Sheet and notarized Affidavit provided on the following pages.

A certified copy of the POA document. A certified copy must be verified by an official with certification duties (such as a notary public or court official) as a true and correct duplicate of the original.

A copy of documents verifying the Agent’s Social Security number, which could be:

oSocial Security card or W2

A copy of documents verifying the Agent’s name, address, and date of birth, which could be:

oDriver’s license

oState ID card

oUS government issued alien ID card.

Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A.

© 2022 Wells Fargo Bank. All rights reserved. NMLSR ID 399801 593821 (Rev 05 - 09/22)

Page 1 of 4

Power of Attorney Submission Cover Sheet

Please complete all sections of the form below and submit it with your Power of Attorney documents. Incomplete submissions may be delayed in processing or may be declined.

(A)Principal Information:

The “Principal” is the Borrower or Accountholder (the person for whom the Agent will be acting).

Today’s Date (mm/dd/yyyy)

Account Number

 

 

 

 

Principal Name

 

 

 

 

 

Principal Street Address

 

 

 

 

 

City

State

ZIP Code

 

 

 

Principal Phone Number

Principal Alternate Phone Number

 

 

 

(B)Agent Information: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. You must provide your name, address, date of birth, and other information that will allow us to identify you.

The “Agent” is the person who will be using the Power of Attorney to act on the Principal’s behalf.

Agent Name (First, Middle, Last)

Agent Street Address

City

 

State

ZIP Code

 

 

 

 

Agent Phone Number

Agent Date of Birth (mm/dd/yyyy)

Agent Social Security Number

 

 

 

 

Are you a U.S. citizen?

 

Are you a permanent resident

alien?

Yes

 

Yes

 

No

 

No

 

 

 

 

Relationship to Principal

 

How long have you known the Principal?

 

 

 

 

Agent Occupation:

Executive/Professional

Office

Student

Other

Homemaker

Production

Teacher

 

Labor

Retired

Trade

 

Military/Diplomat/Government Official Manager

Sales

Unemployed w/ income

 

Owner

Service

Unemployed w/o income

 

To help us better understand the nature of the request, please advise specifically what types of requests the Agent will be doing on the Principal’s account and the purpose of the requests going forward: (must check at least one; check all that apply)

Payments Only

Update Account Information

Inquiries

Make Advances (lines of credit only)

Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. ©

 

2022 Wells Fargo Bank. All rights reserved. NMLSR ID 399801

 

593821 (Rev 05 - 09/22)

Page 2 of 4

General Awareness

Close Account (lines of credit only)

Obtain Documentation

Other: (please explain)

 

____________________________________________________________

In an effort to protect the privacy of our borrower, please indicate the need for a Power of Attorney:

(must check at least one; check all that apply)

Principal Overseas

Possible Future Need

Medical Purposes

Other: (please explain)

_________________________________________________________________________________________

Is the Principal incapacitated or otherwise unable to care for his/her financial affairs? An “incapacitated” person may not be able to make or communicate responsible personal decisions; and/or may exhibit an inability to meet his/her own personal needs for medical care, nutrition, clothing, shelter, or safety.

(you must check either yes or no)

Yes

No

You can submit your request by mail or fax to:

Wells Fargo

PO Box 10335

Des Moines, IA 50306

Home Equity

Fax: 1-866-834-7850

Home Mortgage

Fax: 1-866-590-8910

Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. ©

 

2022 Wells Fargo Bank. All rights reserved. NMLSR ID 399801

 

593821 (Rev 05 - 09/22)

Page 3 of 4

AFFIDAVIT

I, ________________________________________________ having a mailing address of

_____________________________________________________________________________________________

being duly sworn, hereby make the following statements based upon my personal knowledge:

1.I am the Attorney-in-Fact/Agent/under a power of attorney from ______________________________________

(the Principal), which power of attorney is dated _______________________, ________. (Please insert the date that the original Power of Attorney document was signed by the Principal)

2.As of this date:

The power of attorney has not been amended, revoked or terminated by the Principal;

The principal has not died;

If I am the spouse of the Principal, no action for divorce, annulment or separation has been commenced by me or the Principal;

A guardian has not been appointed for the Principal.

3.I have examined the legal descriptions(s), if any, attached to the power of attorney and certify that the description(s) have not been changed, replaced, or amended subsequent to the signing of the power of attorney by the Principal.

4.I make this affidavit with the intention that it be relied upon by Wells Fargo Bank, N.A, in connection with a loan or line of credit to the Principal, secured by a mortgage or deed of trust of the Principal’s real estate (the “transaction”).

5.For purposes of the transaction, I understand that Wells Fargo will continue to rely on the representations contained in this affidavit after the loan or the line of credit is opened. I will promptly notify Wells Fargo of any future modification or revocation by the Principal.

6.I certify that I am submitting a true and correct duplicate of the original power of attorney.

7.For Line of Credit Products Only: If I am granted the power to make advances, I certify that any advances I make are only going to be utilized strictly for the benefit of the Principal and/or the collateral. The Bank may suspend the use of the Account and prohibit future advances during the Draw Period for any reason permitted by applicable law and/or the Account documents.

Initials ________

I declare under penalty of perjury that the information I have provided in this Affidavit and Cover Sheet is true and correct. Knowingly submitting false information on this form could subject you to civil and/or criminal prosecution.

Signed this _________day of ________________________, 20_____

_________________________________________ (Signature of Agent)

State of _______________________County of __________________________ Date _______________

This document was acknowledged and sworn to before me by ____________________________________ (Insert

name of the person signing the affidavit). They have presented the original Power of Attorney and I certify that this is a true and correct duplicate.

Signature of Notarial Officer ____________________________________________

Printed Name of Notarial Officer _________________________________________

Commission Expires: _______________

(Place seal of notary in the space below)

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N.A. ©

 

2022 Wells Fargo Bank. All rights reserved. NMLSR ID 399801

 

593821 (Rev 05 - 09/22)

Page 4 of 4

 

Form Breakdown

Fact Name Detail
Designation Restrictions An attorney-in-fact cannot be designated on custodial, estate, or guardianship accounts.
Type of Power of Attorney Includes options for both durable (continues if the principal becomes incapacitated) and nondurable (terminates upon the principal's incapacitation) designations.
Governing Law This power of attorney is governed by applicable California law.
Agent's Responsibilities The agent assumes fiduciary and legal responsibilities which include acting solely in the interest of the principal and avoiding conflicts of interest.

Guidelines on Filling in Wells Fargo Power of Attorney

Filling out a Power of Attorney (POA) form signifies a significant step in managing your Allspring Funds account(s). This legal document empowers another individual to act on your behalf regarding your financial assets. It is a process that demands careful attention to detail to ensure that the appointed attorney-in-fact can legally execute decisions as you would. Before embarking on this process, it is crucial to have all necessary information at hand, including account details and the specifics regarding the attorney-in-fact you are appointing.

  1. Begin by providing your account information in the designated section. This includes the name(s) of the account owner or trustee and, if applicable, the joint account owner or co-trustee. Clearly print the first name, middle initial, and last name.
  2. If the account is a trust, include the name of the trust and the date of the trust, and attach a copy of the title page and the relevant section of the trust document that authorizes the appointment of an agent.
  3. Enter the Social Security number for each account holder mentioned.
  4. Indicate whether you wish to establish the POA designation on all of your Allspring Funds accounts or only on specific ones. If choosing specific accounts, list each fund and its corresponding account number.
  5. Select the type of POA by choosing either "Durable" or "Nondurable." A durable POA continues even if you become incapacitated, while a nondurable POA terminates upon your incapacitation.
  6. In the designation of attorney-in-fact section, print your name as the account owner or trustee and then print the name of the individual you are appointing as your attorney-in-fact.
  7. Detail the scopes and limitations of your attorney-in-fact’s powers as they relate to the management of your account(s), including buying or selling mutual fund shares, changing dividend options, and making beneficiary changes, among others.
  8. Proceed to the affidavit of account owner(s) section. Carefully read the notice and agreement, understanding the legal significance of the document and the responsibilities you are conferring upon your attorney-in-fact.
  9. Sign and print your name as the account owner or trustee, and date the document. If applicable, have the joint account owner or co-trustee do the same.
  10. The signatures of the account owner(s) or trustee(s) must be notarized. Take the document to a notary public, who will verify your identity and witness your signature before affixing their notary seal or stamp.
  11. Lastly, the attorney-in-fact section requires the appointed agent to acknowledge their acceptance of the duties and responsibilities. The agent must provide their personal information, including name, Social Security number, date of birth, and address.
  12. The agent’s signature also needs to be notarized following the same procedure as for the account owner(s) or trustee(s).

After completing these steps, review the document to ensure all information is accurate and complete. Once finalized, submit the document to the address provided by Allspring Funds to officially register the power of attorney. Keep a copy for your records and ensure your attorney-in-fact has access to the information they need to act on your behalf effectively.

Learn More on Wells Fargo Power of Attorney

What is a Power of Attorney (POA) form?

A Power of Attorney (POA) form is a legal document that allows you, the principal, to designate an individual, known as an attorney-in-fact or agent, to manage your financial affairs. This could involve handling transactions, making investment decisions, and managing assets within specified accounts. It's a way to ensure that someone you trust can make financial decisions on your behalf, should you be unable to do so yourself.

How do I complete the Wells Fargo Power of Attorney form?

To complete the Wells Fargo POA form, you'll need to provide detailed information about yourself and the accounts for which you're granting attorney-in-fact powers. This includes:

  • Your name and social security number
  • The name and social security number of the joint account owner or co-trustee, if applicable
  • The name of the trust and date of the trust, if applicable, along with a copy of the title page and relevant section of the trust document
  • Detailed account information, such as fund and account numbers
  • The type of Power of Attorney (durable or nondurable) and the designation of your attorney-in-fact

Finally, make sure to have your signature and that of your attorney-in-fact notarized to validate the form.

Can I designate an attorney-in-fact for any type of account?

No, there are restrictions on the types of accounts for which you can designate an attorney-in-fact. Specifically, you cannot designate an attorney-in-fact for custodial, estate, or guardianship accounts through the Wells Fargo Power of Attorney form. This form is primarily intended for Allspring Funds accounts, including both nonretirement and retirement accounts.

What powers does my attorney-in-fact have?

By executing this Power of Attorney form, you grant your attorney-in-fact the authority to manage and act on behalf of your specified accounts. Their powers include, but are not limited to:

  1. Buying, selling, and managing mutual fund shares
  2. Changing dividend and distribution options
  3. Initiating beneficiary changes
  4. Making contributions and selecting distribution options for retirement accounts

This comprehensive authority allows your attorney-in-fact to effectively manage your financial assets in accordance with your best interests.

What is the difference between a durable and nondurable Power of Attorney?

A durable Power of Attorney remains in effect even if you become incapacitated, allowing your attorney-in-fact to continue managing your affairs without interruption. In contrast, a nondurable Power of Attorney automatically terminates if you become incapacitated. The choice between durable and nondurable POA depends on how you want the POA to function in relation to your capacity to make decisions.

How can I terminate or amend the Power of Attorney?

To terminate or amend your Power of Attorney, you must execute a new document or formally amend the existing one, adhering to the same legal formalities as the original. If you wish to terminate the POA, you can do so at any time by providing written notice. However, remember that for a durable POA, termination is only possible while you are competent. Amendments or termination changes must be communicated to Wells Fargo for your account records to reflect these changes accurately.

Common mistakes

When filling out the Wells Fargo Power of Attorney (POA) form, it's crucial to avoid common mistakes to ensure the document is legally valid and accurately reflects the account owner’s intentions. The form is designed to appoint an individual as the attorney-in-fact for the account owner(s) of Allspring Funds account(s), granting them the authority to manage the specified accounts. Here are six common mistakes people make:

  1. Not including all relevant account information: It is essential to provide complete information for each account under section 1 of the form, including the name of the account owner or trustee, Social Security number, and specific account numbers if not applying the POA to all accounts. Failure to include detailed information can lead to confusion and potentially limit the attorney-in-fact’s ability to manage the accounts effectively.
  2. Choosing the incorrect type of power of attorney: The form allows for the selection between a durable and a nondurable power of attorney. Understanding the difference is crucial: a durable power of attorney remains in effect if the principal becomes incapacitated, whereas a nondurable power of attorney does not. Incorrectly marking this section can lead to unintended consequences regarding the control of the principal's assets.
  3. Failing to appropriately designate the attorney-in-fact: This section requires the full name of the individual designated as the attorney-in-fact. Not clearly detailing the attorney-in-fact’s full name and relationship to the account owner can create ambiguity, potentially hindering their ability to act on the principal’s behalf.
  4. Not properly acknowledging the responsibilities and limitations: Both the account owner(s) and the attorney-in-fact must understand the legal implications and limitations of the power granted. Overlooking the detailed descriptions of duties, especially the acknowledgment sections that outline the fiduciary responsibilities of the attorney-in-fact, can lead to misuse or misunderstanding of the powers granted.
  5. Forgetting to notarize signatures: The signatures of the account owner(s) and the attorney-in-fact must be notarized to validate the form. Neglecting this step can render the document ineffective, preventing the attorney-in-fact from performing their duties.
  6. Omitting necessary documentation for trust accounts: If the power of attorney is to be established for a trust account, it is mandatory to enclose a copy of the title page and the relevant section of the trust document authorizing the appointment of an agent. Failure to attach this documentation can result in the inability to enact the POA for trust accounts.

Avoiding these mistakes can significantly streamline the process, ensuring that the power of attorney form accurately and effectively grants the desired powers to the attorney-in-fact, thereby avoiding potential legal complications and ensuring the smooth management of the principal’s assets.

Documents used along the form

In managing financial and legal matters, ensuring a robust framework through documentation is crucial for both parties involved. When designating an individual as an attorney-in-fact for Allspring Funds accounts through the Wells Fargo Power of Attorney form, several other forms and documents often accompany this process to ensure thoroughness and legal compliance. These documents help safeguard the interests of all involved by providing a structured approach to managing one’s financial affairs, especially in complex situations such as incapacity or extended travel.

  • Account Information Update Form: This form is necessary when there are changes to be made to the account information, including updating contact details, changing account titles, or adjusting the designation of beneficiaries. It ensures that all relevant information within the financial institution’s records is current and accurate.
  • Signature Guarantee Form: Often required for significant transactions, the signature guarantee form is a measure against fraudulent activity. It verifies the identity of the signer, confirming they are the authorized individual to conduct transactions or changes within the account.
  • Third-Party Authorization Form: This document is useful when the account owner wishes to grant a third party, other than the attorney-in-fact, limited access or the ability to perform specific actions related to their accounts. It delineates the scope of authority granted to the third party, providing an extra layer of customization to the control of the account.
  • Revocation of Power of Attorney Form: Essential for when an individual decides to terminate the powers granted under a previously executed Power of Attorney. It formally removes the attorney-in-fact’s authority to act on behalf of the account owner, and the financial institution requires this documentation to halt any further actions by the said agent.

These documents, when used together, provide a comprehensive legal framework that ensures the account owner’s wishes are respected and accurately executed. It is paramount for individuals engaging in these processes to have a clear understanding of each document's role and requirements, as they collectively contribute to the smooth management and security of one's financial assets. Ensuring these documents are in order, updated, and correctly executed will pave the way for a well-organized financial strategy that aligns with the individual’s goals and legal standards.

Similar forms

  • A Healthcare Proxy Form is similar to the Wells Fargo Power of Attorney (POA) form because it also allows an individual to appoint someone else to make decisions on their behalf. While the POA can cover financial decisions, a Healthcare Proxy specifically relates to medical decisions if the principal becomes unable to make decisions for themselves.

  • A General Power of Attorney Form closely resembles the Wells Fargo POA form, as it grants broad powers to an agent or attorney-in-fact to act on behalf of the principal in various matters. However, unlike the Wells Fargo POA that might be specifically tailored to financial accounts and transactions, a General POA can encompass an extensive range of actions, including personal, business, and financial decisions.

  • The Special or Limited Power of Attorney Form shares similarities with the Wells Fargo POA form because it allows the principal to authorize an agent to perform specific acts or transactions on their behalf. The Wells Fargo POA can be restricted to specific accounts and transactions, similar to how a Special or Limited POA is tailored for particular tasks or timeframes.

  • A Durable Power of Attorney for Finances Form is akin to the Wells Fargo POA in that it allows an individual to designate someone else to handle their financial affairs. The durability aspect—which ensures the POA remains in effect even if the principal becomes incapacitated—is a common feature in both the Wells Fargo POA form and a standard Durable Power of Attorney for Finances, providing continuity of financial management during challenging times.

Dos and Don'ts

When filling out the Wells Fargo Power of Attorney (POA) form, it’s imperative to approach the task with attention to detail and an understanding of the implications. Below are guidelines to ensure a smooth process:

Things You Should Do:

  • Read through the entire document carefully: Understand each section before filling it out to ensure that the powers granted align with your intent.
  • Verify the accuracy of all provided information: Double-check the social security numbers, account numbers, names, and other personal information for accuracy to prevent any issues or delays.
  • Choose the type of power of attorney thoughtfully: Decide between a durable and nondurable power of attorney based on the level of authority and duration you wish to grant to your attorney-in-fact.
  • Have your signature notarized: Ensure the completion of the notarization section to validate the power of attorney and fulfill legal requirements.

Things You Shouldn't Do:

  • Don’t leave any sections incomplete: An incomplete form can result in processing delays or the rejection of your POA document.
  • Avoid appointing an attorney-in-fact without a thorough discussion: Ensure the person you’re appointing understands their responsibilities and duties as an agent and is willing to act in your best interest.
  • Don’t ignore the required documentation: If appointing an attorney-in-fact for trust accounts, remember to enclose the appropriate sections of the trust document as mentioned.
  • Refrain from using unclear language: Be as specific as possible in your instructions and designations to prevent any ambiguity regarding the authority you’re granting.

Misconceptions

When it comes to legal documents, especially something as important as a Power of Attorney (POA) form, misconceptions can cause confusion and unnecessary stress. The Wells Fargo Power of Attorney form is no exception. Let's debunk some of the most common myths surrounding this vital document to provide clarity and understanding.

  • Anyone can be designated as an attorney-in-fact. This is not entirely true. While you can choose most adults as your attorney-in-fact, the Wells Fargo POA form specifically prohibits the designation on custodial, estate, or guardianship accounts. This limitation is meant to protect vulnerable parties and ensure that the attorney-in-fact acts in the best interest of the account owner.

  • The form allows the attorney-in-fact to make gifts. In fact, unless explicitly authorized in the POA, the attorney-in-fact cannot accept or receive any property as a gift. This restriction is designed to prevent potential abuse of power and to protect the property of the principal.

  • The POA grants powers indefinitely. This is a misunderstanding. The duration of the power granted depends on whether you choose a durable or nondurable POA. A durable POA continues even if you become incapacitated, while a nondurable POA terminates upon your incapacitation unless otherwise noted.

  • The attorney-in-fact can act immediately. The truth is, the attorney-in-fact's power to act on your behalf only becomes effective once the POA form is completed, signed, notarized, and, in some cases, registered with the financial institution or relevant authority. They cannot act solely based on your verbal or informal written instructions.

  • The POA covers healthcare decisions. This form is specific to financial and account management matters and does not grant the attorney-in-fact the right to make healthcare decisions on the principal's behalf unless explicitly included, which is unusual for a financial POA form.

  • Only one attorney-in-fact can be designated. While the form provides space to name a single attorney-in-fact, it is possible, with proper legal advice and documentation, to appoint multiple attorneys-in-fact, either to act together or separately in managing your affairs.

  • A POA eliminates the principal's control over their accounts. Appointing an attorney-in-fact does not strip the principal of their rights or ability to manage their own affairs. Instead, it allows the attorney-in-fact to act concurrently with the principal, providing flexibility and support.

  • The attorney-in-fact’s actions are uncontestable. Actions taken by the attorney-in-fact can indeed be challenged if they are not in the principal's best interest or if the attorney-in-fact exceeds their granted powers. Transparency and accountability are key components of a POA arrangement.

  • The attorney-in-fact is liable for their actions. While the attorney-in-fact has fiduciary responsibilities, which include acting in the principal’s best interest, they are generally not personally liable for the principal's debts or financial obligations unless they act outside the authority granted by the POA or engage in misconduct.

  • A POA is irrevocable. A common myth is that once granted, a POA cannot be changed or revoked. However, as long as the principal is competent, they can amend or revoke the POA at any time, offering flexibility and control over the designation.

Understanding these key points about the Wells Fargo Power of Attorney form can alleviate concerns and help account owners make informed decisions about managing their financial affairs. Always remember, when dealing with legal documents, clarity is king.

Key takeaways

Filling out and using a Wells Fargo Power of Attorney (POA) form is an essential step for individuals seeking to grant someone else the authority to manage their financial accounts, especially in situations where the account owner cannot manage the accounts themselves. Here are key takeaways from the Wells Fargo Power of Attorney form:

  • The POA form allows an individual to appoint an attorney-in-fact (agent) to manage their Allspring Funds accounts, including buying, selling, and transferring assets within those accounts. It's important to note that this authority cannot be designated for custodial, estate, or guardianship accounts.
  • It offers two types of power of attorney: durable and nondurable. A durable power of attorney remains in effect even if the principal becomes incapacitated, whereas a nondurable power of attorney terminates upon the principal's incapacitation.
  • Signing this form replaces any previous POA designations for Allspring Funds accounts, making it crucial for account holders to consider their current and future needs when appointing an agent.
  • The form requires notarization of the signature of the account owner or trustee and, if applicable, the joint account owner or co-trustee. This legal formalization is crucial for the POA to be considered valid and enforceable.
  • The agent accepting the appointment also has specific responsibilities and legal duties, including acting in the principal's best interest and avoiding conflicts of interest. Proper acknowledgment of these duties is required, and the agent’s signature must also be notarized.

Understanding these elements is critical for both the individual granting power and the designated agent. It ensures that both parties are aware of their rights, responsibilities, and limitations under the Wells Fargo Power of Attorney form, facilitating smooth financial management and decision-making on behalf of the principal.

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