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Assigning someone to manage your financial affairs can be a significant decision, often necessitated by various personal circumstances such as travel, illness, or planning for future incapacity. The Wells Fargo Power of Attorney (POA) form serves as a critical tool in this process, enabling account holders to designate an individual, referred to as an attorney-in-fact, to handle their Allspring Funds accounts. This document outlines the procedure for appointing an attorney-in-fact, specifying whether the power granted is durable—continuing even if the principal becomes incapacitated—or nondurable, which ceases upon the principal's incapacitation. The POA form requires comprehensive information including account details, the scope of powers granted, and personal information about the appointed attorney-in-fact. It also mandates notarization of the principal’s and the attorney-in-fact's signatures, ensuring the document's legality and the acknowledgment of the responsibilities it entails. Importantly, the form highlights the seriousness of this delegation of authority, underlining the fiduciary duty of the attorney-in-fact to act in the principal's best interests and the legal implications of failing to do so. Through this mechanism, Wells Fargo provides a structured approach for account holders to manage their financial assets securely, reflecting an understanding of the complex nature of financial stewardship.

Preview - Wells Fargo Power of Attorney Form

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 Data

Fact Number Detail
1 The form is used to designate an attorney-in-fact for Allspring Funds accounts.
2 An attorney-in-fact cannot be designated on custodial, estate, or guardianship accounts.
3 Trust accounts require a copy of the title page and relevant trust document section.
4 Power of Attorney (POA) can be durable or nondurable.
5 The form grants broad management powers over the designated accounts.
6 It includes specific authority for retirement accounts, such as IRA and SEP IRA.
7 The POA is governed by California law.
8 Signature(s) in Section 3 must be notarized to be effective.
9 The attorney-in-fact assumes fiduciary and legal responsibilities upon acceptance.

Instructions on Utilizing Wells Fargo Power of Attorney

Filling out the Wells Fargo Power of Attorney (POA) form is a critical step in designating someone to manage your Allspring Funds account(s) on your behalf. It’s essential to approach this process with care to ensure that the document accurately reflects your wishes and is completed in compliance with legal requirements. Once this form is filled out, it allows the person you choose, known as the attorney-in-fact, to perform a variety of financial transactions in your stead. Below are step-by-step instructions to guide you through the process.

  1. Begin with the Account Information section. Fill in your name, middle initial, and last name in the space provided for the account owner or trustee. If there is a joint account owner or co-trustee, include their information as well.
  2. If your account is a trust account, enter the name of the trust exactly as it appears on the account. Attach a copy of the title page and the pertinent section of the trust document that authorizes the delegation of authority to an agent.
  3. For each person listed, enter their Social Security number and, if applicable, the date the trust was established.
  4. Decide whether this POA designation will apply to all of your Allspring Funds accounts or only specific ones. If selecting specific accounts, list each fund and account number clearly.
  5. Proceed to the Type of Power of Attorney and Designation of Attorney-in-Fact section. Choose between durable and nondurable POA, understanding that a durable POA continues even if you become incapacitated, whereas a nondurable POA ends upon your incapacitation unless otherwise terminated.
  6. Fill in your name and, if applicable, the name of the joint account owner or co-trustee again as the principal. Then, identify the individual you are appointing as your attorney-in-fact by writing their complete name.
  7. Sign and date the form in the presence of a notary public as part of the Information for and Affidavit of Account Owner(s) section. This acknowledges your understanding and agreement to the terms set forth. If applicable, have the joint account owner or co-trustee sign, print their name, and date the form as well.
  8. The appointed attorney-in-fact must read the Information for and Affidavit of Attorney-in-Fact section, fill in their personal information (name, Social Security number, date of birth, and address), and sign in front of a notary public. This acknowledges their acceptance of the position, and the legal responsibilities it entails.

Once completed and notarized, the POA form is ready to be submitted as per the mailing instructions provided by Wells Fargo. It’s a good practice to keep a copy of this document for your records and to inform your attorney-in-fact where this document is stored in case they need to act on your behalf. By following these detailed steps, you can ensure that your financial matters will be managed according to your wishes even if you are not able to oversee them personally.

Obtain Answers on Wells Fargo Power of Attorney

  1. What is the purpose of the Wells Fargo Power of Attorney form?

This form allows you to designate someone else, known as an attorney-in-fact, to make decisions on your behalf for your Allspring Funds accounts. This includes managing and executing transactions in these accounts. It's important to note that this designation cannot be applied to custodial, estate, or guardianship accounts. Filling out this form is a way to ensure that your financial matters are taken care of by someone you trust, especially during times when you might not be able to manage them yourself.

  1. How do I select the type of Power of Attorney (POA) on the Wells Fargo form?

On the form, you have the option to choose between a durable or nondurable Power of Attorney. A durable POA remains in effect even if you become incapacitated, meaning it will continue to authorize your agent to act on your behalf despite your mental or physical inability to make decisions. Conversely, a nondurable POA terminates if you become incapacitated. When filling out the form, check the box next to the type of POA you wish to establish.

  1. What responsibilities does my attorney-in-fact have?

Once you designate someone as your attorney-in-fact, they have the authority to manage your Allspring Funds accounts as if they were you. This includes buying or selling mutual fund shares, changing dividend options, opening new accounts, and more. However, they must act in your best interest, avoid conflicts of interest, and keep your funds separate from their own. If your POA allows, they could also make contributions to retirement accounts on your behalf, select or change distribution options, and request account rollovers or transfers.

  1. Can I change or revoke my Power of Attorney?

Yes, you can change or revoke your Power of Attorney at any time. To make changes, you must complete a new POA form or an amendment with the same formalities as the original. Revoking your POA requires written notice to Wells Fargo. Remember, revoking or amending your POA for a durable type is only possible while you are competent. A nondurable POA automatically ends upon your incapacitation.

  1. What information is required from my attorney-in-fact?

Your attorney-in-fact needs to provide their full name, Social Security number, date of birth, and a residential address. This information is mandated by the USA PATRIOT Act for identity verification purposes. They also need to sign the form before a notary public, affirming the information provided is accurate and acknowledging their acceptance of the role and responsibilities.

  1. How is the Wells Fargo Power of Attorney form finalized?

The completion process includes not only filling out the form with all the necessary details but also getting both your signature and that of your attorney-in-fact notarized. Notarization is a crucial step, as it verifies the identities of both parties and the willingness and understanding of each to their roles and responsibilities. Without notarization, the document will not be considered valid or effective.

  1. What are the legal implications of signing a Power of Attorney?

By signing a Power of Attorney, you are granting significant control over your financial assets to another person. This is an important legal action that carries with it the necessity for trust and understanding between you and your appointed attorney-in-fact. They are legally bound to act in your best interests, maintain your privacy, and manage your accounts as you would. It's advised to select someone you trust implicitly and to clearly communicate your wishes and expectations with them. Furthermore, understanding the full scope of authority you are granting is crucial, and seeking legal advice if any part of the process is unclear is highly recommended.

Common mistakes

  1. Not including a copy of the title page and relevant section of the trust document for trust accounts, as required, can lead to misunderstanding or misrepresentation of the trust’s terms and conditions regarding the appointment of an agent.

  2. Failing to specify between establishing the power of attorney on all Allspring Funds accounts versus only specific accounts might result in unauthorized access or actions taken across all the account holder’s investments.

  3. Overlooking the choice between a durable and nondurable power of attorney can have profound implications, especially in situations where the account owner becomes incapacitated, affecting how and if the designated agent can act on the owner’s behalf.

  4. Omitting the notarization of the document, a mandatory step, invalidates the power of attorney, thereby preventing the agent from acting on the account owner’s behalf legitimately.

  5. Failure to accurately and completely fill in the identification and contact information for both the account owner(s) and the attorney-in-fact can lead to delays or refusal in the recognition of the power of attorney by Allspring Funds.

  6. Neglecting to sign and date the document properly by all required parties, which is critical for the power of attorney to be legally binding and acknowledged by third parties.

Addressing these common mistakes during the completion of the Wells Fargo Power of Attorney form ensures the document’s validity and enforces the account owner’s intentions without unnecessary delays or legal complications.

Documents used along the form

When dealing with the complexities of managing one's financial affairs, particularly in scenarios where a Power of Attorney (POA) is essential, understanding the landscape of necessary forms and documents is crucial. The Wells Fargo Power of Attorney form is a vital component in this process, empowering an individual to act on another's behalf concerning their financial accounts. To ensure a holistic approach and compliance with legal requirements, several other forms and documents are often used in conjunction with the Wells Fargo POA form. Understanding these additional documents can provide a fuller picture of the requirements and safeguards involved in assigning financial decision-making authority.

  • Trust Agreement Document: This document is crucial for accounts held in trust, detailing the trust's terms and the trustees' powers. It ensures that the POA aligns with the trust's provisions, particularly in specifying how an agent can act concerning the trust's assets.
  • Durable General Power of Attorney: A broader document that grants an attorney-in-fact the authority to manage all aspects of the principal's life, often complementing the more specific financial powers granted in a Wells Fargo POA form, ensuring all-encompassing authority over personal and financial matters.
  • Medical Power of Attorney: This permits an agent to make healthcare decisions on behalf of the principal, operating independently from the financial POA but essential for a comprehensive care plan, especially in cases of incapacitation.
  • Advance Health Care Directive: Often used alongside a Medical POA, this document outlines the principal's wishes regarding life support, end-of-life care, and other health care decisions, ensuring that the agent's healthcare decisions align with the principal's desires.
  • Revocation of Power of Attorney: Necessary if the principal decides to terminate the POA arrangement. This document officially ends the authority previously granted to the agent, requiring notarization and proper distribution to relevant financial institutions, including Wells Fargo.

Together, these documents create a comprehensive framework that supports the principal's intentions, ensuring their financial and personal affairs are managed according to their wishes. It's essential to consult with legal professionals to understand the purpose and requirements of each document fully, ensuring that the established POA arrangement accurately reflects the principal's objectives and legal needs. Understanding and utilizing these documents in coordination with the Wells Fargo POA form can significantly enhance the effectiveness and clarity of one's financial and health care plans.

Similar forms

  • General Durable Power of Attorney: Similar to the Wells Fargo Power of Attorney form, this document allows individuals to appoint someone to make financial decisions on their behalf. The "durable" aspect means it remains in effect even if the individual becomes incapacitated, mirroring the durable option in the Wells Fargo form.

  • Medical Power of Attorney: Although it focuses on healthcare decisions instead of financial ones, this document is similar because it appoints an agent to act on the principal's behalf. Both documents become critical in situations where the principal cannot make decisions independently.

  • Limited Power of Attorney: This form specifies certain powers granted to the agent, which can be as narrow as one transaction. It is similar to the Wells Fargo POA when the account owner chooses to establish the power of attorney designation only on specific fund and account numbers.

  • Springing Power of Attorney: Activated by a specific event, typically the incapacity of the principal, this document shares the Wells Fargo form's concern for the principal's ability to make decisions, although the activation circumstances differ.

  • Revocable Living Trust: While not a power of attorney, this estate planning tool involves appointing a trustee to manage the trust's assets, akin to appointing an attorney-in-fact to make decisions about one's assets. Both documents also involve handling financial transactions on behalf of the principal.

  • Financial Institutions POA Forms: Many financial institutions have specific POA forms for their accounts, similar to the Wells Fargo form. These are tailored to the institution's requirements but serve the broader purpose of allowing an appointed agent to manage the principal's affairs within that institution.

  • Real Estate Power of Attorney: This grants an agent authority over specific real estate transactions of the principal. It's akin to the Wells Fargo POA in that it can grant authority over certain types of transactions, though its scope is limited to real estate.

  • Vehicle Power of Attorney: Allows an agent to make decisions regarding the buying, selling, and registration of the principal's vehicle. Like the Wells Fargo form, it grants authority over specific assets, in this case, vehicles instead of financial accounts.

  • Guardianship or Conservatorship Documents: These court-appointed roles involve managing the affairs of someone who is unable to do so themselves, similar to how a POA designates someone to manage financial transactions and decisions.

Dos and Don'ts

When filling out the Wells Fargo Power of Attorney (POA) form, certain practices should be followed to ensure the form is completed accurately and effectively. Here is a list of things you should and shouldn't do:

  • Do carefully read the entire form before starting to fill it out. Understanding each section's purpose and requirements is crucial.
  • Do ensure that all information provided is accurate and current, particularly personal details like names, Social Security numbers, and addresses.
  • Do specify clearly whether you are establishing a durable or nondurable power of attorney, understanding the difference between the two.
  • Do include a copy of the title page and the relevant section of the trust document if your account is a trust account.
  • Do have your signature notarized as required in Section 3 of the form to validate its authenticity.
  • Do not leave any required fields blank. If a section does not apply to your situation, you may enter "N/A" to indicate as much.
  • Do not designate an attorney-in-fact for accounts that cannot have one, such as custodial, estate, or guardianship accounts.

Following these guidelines is critical for the proper execution and validity of the power of attorney, potentially avoiding delays or complications in its implementation.

Misconceptions

  • Many believe the Power of Attorney (POA) form authorizes an attorney-in-fact to make decisions about the principal's personal affairs, health care, or other legal matters not specified in the document. This is incorrect. The Wells Fargo POA form specifically grants the attorney-in-fact the authority to conduct transactions related to Allspring Funds accounts only. This includes buying, selling, and managing mutual fund shares within designated accounts, but it does not extend to other personal or legal decisions.

  • There's a common misconception that once signed, the POA form applies to all financial assets the principal owns. This is not accurate. The form explicitly limits the attorney-in-fact’s powers to the accounts listed in Section 1 of the document. If the principal wants to grant authority over additional assets or different types of transactions, they must complete separate documentation.

  • Some think that the POA automatically allows the attorney-in-fact to gift the principal's assets to themselves or others. This is false. The document states that the attorney-in-fact cannot accept or receive any of the principal’s property as a gift unless specifically authorized by the principal in the POA. Unauthorized transfers could lead to legal actions against the attorney-in-fact, including fraud or embezzlement charges.

  • A frequent misconception is that the POA continues to have effect after the principal's death. This belief is incorrect. The authority granted through the Wells Fargo POA ends upon the principal’s death. At that point, the executor or administrator of the estate takes over the management of the deceased’s assets, according to the will or state law.

  • Lastly, many assume that creating a POA through Wells Fargo limits one's ability to change attorneys-in-fact in the future. This is not the case. The principal can amend or revoke the Power of Attorney at any time, as long as they are mentally competent. This ensures that the principal retains control over who can manage their accounts and can respond to changes in relationships or the attorney-in-fact’s ability to serve.

Key takeaways

  • The Wells Fargo Power of Attorney (POA) form enables an account owner to appoint an individual as their attorney-in-fact, granting them authority to manage the specified Allspring Funds accounts. However, it cannot be applied to custodial, estate, or guardianship accounts.
  • Trust accounts requiring a Power of Attorney must include a copy of the title page of the trust document and the section authorizing the appointment of an agent.
  • An individual completing the form must decide between designating their attorney-in-fact for either all their Allspring Funds accounts or only specific accounts, necessitating detailed account information for the latter.
  • The form offers two types of Power of Attorney: Durable, where the power of attorney persists despite the account owner's incapacitation, and Nondurable, which ceases upon the account owner's incapacitation.
  • It is pivotal to understand the legal landscape surrounding the use of the Power of Attorney, as highlighted in the document. It underlines that the appointed attorney-in-fact assumes fiduciary responsibilities, requiring them to act in the principal's best interest and manage their property separately.
  • The account owner's and attorney-in-fact's signatures must be notarized for the Power of Attorney to be valid, emphasizing the formality and legal gravity of the document.
  • The document carefully distinguishes between the durable and nondurable powers of attorney regarding the effect of the principal’s incapacitation, ensuring that all parties are acutely aware of the conditions under which the POA will remain in effect or terminate.
  • Upon executing the Power of Attorney, the principal agrees to indemnify and hold harmless Allspring Funds Management, LLC, and all affiliated or non-affiliated third parties for any action taken in reliance on this POA, highlighting the legal protections in place for the financial institution and others acting in good faith on the document's authority.
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