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Designating someone you trust to manage your financial matters can be a crucial step in planning for the future, especially in circumstances where you might not be able to do so yourself. The Wells Fargo Power of Attorney (POA) form serves this exact purpose, enabling account holders of Allspring Funds to appoint an individual, referred to as an attorney-in-fact, to handle their financial transactions. The form forbids the appointment on custodial, estate, or guardianship accounts and provides a clear route to specify whether the power designated is durable or nondurable, thus continuing or ceasing in case of the principal's incapacitation. It meticulously outlines the type of transactions the attorney-in-fact can perform, ranging from buying and selling mutual fund shares to changing beneficiary information and even handling retirement accounts under specified conditions. Importantly, the form carries a caution for both the principal and the attorney-in-fact regarding the legal and financial responsibilities it entrusts, requiring notarization to affirm the agreement. Additionally, it mandates compliance with the USA PATRIOT Act for identity verification, underscoring the form’s legal seriousness and the necessity of considering such a decision carefully. This POA form reflects a comprehensive tool for financial management delegation, built within a legal framework to ensure accountability and protection for all parties involved.

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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

 

Document Attributes

Fact Detail
Account Type Restrictions An attorney-in-fact cannot be designated on custodial, estate, or guardianship accounts.
Power of Attorney Types The form allows for the designation of either a durable or nondurable power of attorney.
Powers Granted Includes managing financial transactions, inquiring about and moving funds, changing beneficiary information and handling retirement accounts among others.
Governing Law The power of attorney agreement is governed by applicable California law.

How to Fill Out Wells Fargo Power of Attorney

When you need to give someone the authority to handle your financial matters with Allspring Funds, filling out the Power of Attorney (POA) form is a crucial step. This document is specifically for designating an individual, known as an attorney-in-fact, to manage your Allspring Funds accounts. It's important to understand that this form has its limitations, such as it cannot be used for custodial, estate, or guardianship accounts. Preparing to fill out this form requires careful attention to detail and understanding each section to ensure your financial affairs are managed according to your wishes.

  • Step 1: Gather all necessary information including the full names and Social Security numbers of both the account owner and the attorney-in-fact, as well as any applicable trust information including the date of the trust.
  • Step 2: On the form, begin by completing the "Account information" section. Clearly print the name of the account owner or trustee, and, if applicable, the joint account owner or co-trustee. Include the trust name and date, if relevant.
  • Step 3: Decide whether the power of attorney designation will apply to all your Allspring Funds accounts or only specific ones. If choosing specific accounts, list their fund and account numbers clearly.
  • Step 4: Choose the type of power of attorney—durable or nondurable—and fill in your name as well as the name of your chosen attorney-in-fact in the designated spaces.
  • Step 5: Carefully read the information provided for account owners about the implications of executing a power of attorney. Acknowledge your understanding and agreement by signing and dating the form in the presence of a notary public. If there is a joint account owner or co-trustee, they must also sign.
  • Step 6: Ensure that the attorney-in-fact reads their section of the form, which outlines their responsibilities and legal duties. They must then provide their personal information, including their name, date of birth, Social Security number, and residential address. This section reaffirms the attorney-in-fact's acceptance of their role and must also be signed in the presence of a notary public.
  • Step 7: Review the form to make sure all information is correct and complete. Both the account owner (and co-owner, if applicable) and the attorney-in-fact's signatures must be notarized to validate the form.
  • Step 8: Send the completed and notarized form to the address provided at the top of the form (P.O. Box 219967 | Kansas City, MO 64121) or through any other submission methods specified by Allspring. Include any additional required documents, such as a copy of the trust title page and relevant sections if designating for a trust account.

After submitting the Power of Attorney form, it's crucial to communicate with both Allspring and the designated attorney-in-fact about any changes to your accounts or your relationship with the attorney-in-fact. Keeping all parties informed ensures your financial matters are managed exactly as you intend.

More About Wells Fargo Power of Attorney

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

    The Wells Fargo Power of Attorney form is designed to allow account owners or trustees of Allspring Funds accounts to designate an individual as their attorney-in-fact. This designation grants the attorney-in-fact the authority to manage, act on behalf of, and make decisions regarding the account owner's Allspring Funds accounts. However, it's important to note that this authority cannot be granted for custodial, estate, or guardianship accounts. The form specifically outlines the extent of powers granted, including but not limited to, inquiring about, buying, selling, or transferring mutual fund shares, changing dividend and distribution options, endorsing and cashing checks, and initiating beneficiary changes, among others. The form requires detailed information about the account(s) and the attorney-in-fact, and it must be notarized to ensure its validity.

  2. How do I establish a Power of Attorney designation on my Allspring Funds accounts using this form?

    To establish a Power of Attorney designation on your Allspring Funds accounts, you must first complete the form with your account information, including your name as the account owner or trustee, social security number, and any relevant trust information if applicable. You must choose whether the POA designation applies to all of your Allspring Funds accounts or only to specific ones, and then specify the type of POA (durable or nondurable). Next, you will appoint your attorney-in-fact by providing their name and acknowledging the extent of their authority. After providing your agreement and understanding of the POA's implications, the last step is to have your signature, as well as that of the appointed attorney-in-fact, notarized. It's critical to include a copy of the title page and relevant section of the trust document if your account is a trust account.

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

    No, not all types of accounts qualify for the designation of an attorney-in-fact using the Wells Fargo POA form. Specifically, custodial, estate, or guardianship accounts cannot have an attorney-in-fact designated to them through this form. The form is intended for use with Allspring Funds accounts only, including individual, joint, and certain types of trust accounts, as well as retirement accounts like IRAs, QRPs, and SEP IRAs. It's crucial to ensure that the account type you wish to apply the POA for is eligible before proceeding.

  4. What are the key distinctions between a durable and a nondurable Power of Attorney as indicated on the form?

    A key distinction between a durable and a nondurable Power of Attorney (POA) lies in their duration and stability in the event of the principal's incapacitation. A durable POA remains in effect even if the principal, the person granting the authority, becomes incapacitated, ensuring continuous management of the specified affairs without interruption. In contrast, a nondurable POA automatically terminates if the principal becomes incapacitated. This distinction is vital for individuals planning for the future management of their assets, as it affects how their affairs are handled in scenarios where they're unable to make decisions themselves. The form clearly asks the principal to choose between the two, which underscores the need to deliberate carefully about the level of control and its longevity granted to the attorney-in-fact.

Common mistakes

  1. Not including a copy of the trust title page and relevant trust document sections when setting up a Power of Attorney (POA) for trust accounts, as required, is a common oversight.
  2. Choosing the wrong type of power of attorney (durable vs. nondurable) without understanding the implications of each. Durable POAs continue even if the principal becomes incapacitated, whereas nondurable POAs terminate upon the incapacitation of the principal.
  3. Failing to clearly specify whether the POA should apply to all accounts or only specific ones. This can lead to confusion regarding the extent of the agent’s authority.
  4. Incorrectly or incompletely filling out the designated agent’s information, which can invalidate the POA or delay its processing.
  5. Omitting relevant account numbers when the POA is intended to cover specific funds, making it difficult to implement the POA as intended.
  6. Not properly acknowledging the potential for compensation of the agent, as outlined in the agreement section, leading to misunderstandings or disputes over agent compensation.
  7. Forgetting to have the signature(s) notarized, a crucial step that formalizes the POA and is often a legal requirement for its validity.
  8. Overlooking the requirement to provide the agent’s personal information for identity verification under the USA PATRIOT Act. This ensures compliance with anti-money laundering laws.
  9. Neglecting to replace a previous POA designation with the new one, as this form will automatically nullify prior designations for the Allspring Funds account(s) mentioned.
  10. Ignoring the detailed instructions regarding the power and limitations granted to the attorney-in-fact, particularly in terms of gift acceptance, borrowing on behalf of the principal, and altering beneficiary information, which can lead to unauthorized actions.

Documents used along the form

Power of Attorney (POA) forms like those used by Wells Fargo are vital for financial management, but they don't stand alone in managing one's financial and legal affairs. There are various other forms and documents often used in conjunction with a POA to ensure a comprehensive approach to financial management, legal autonomy, and end-of-life planning.

  • Living Will: A document that outlines a person's wishes regarding medical treatment if they become incapable of communicating their decisions due to illness or incapacitation.
  • Healthcare Power of Attorney: Similar to a general POA but specifically focused on healthcare decisions. It designates someone to make medical decisions on behalf of the individual if they are unable.
  • Will: A legal document detailing how a person's assets and estate will be distributed upon their death.
  • Revocable Living Trust: Allows a person to manage their assets during their lifetime and specify how these assets are distributed after their death, often bypassing probate.
  • Durable Financial Power of Attorney: A specific type of POA that remains in effect if the person becomes incapacitated, allowing the agent to handle financial affairs.
  • Beneficiary Designations: Forms that specify who will inherit assets from accounts like IRAs, 401(k)s, and life insurance policies, which can supersede wills.
  • Letter of Intent: A document that provides instructions for personal wishes unrelated to assets, such as funeral arrangements or the care of a pet.
  • Advance Healthcare Directive: Combines a living will and a healthcare POA, detailing a person's healthcare preferences and appointing someone to communicate those preferences.

Together with the Wells Fargo Power of Attorney form, these documents form a protective and directive framework for individuals, ensuring that their financial, legal, and personal wishes are honored, especially in times when they cannot make decisions for themselves. This holistic approach empowers individuals and their families, providing peace of mind in uncertain times.

Similar forms

  • The General Power of Attorney form grants an agent broad powers to manage a wide range of transactions and decisions on the principal’s behalf, similar to the Wells Fargo Power of Attorney form which authorizes the agent to handle transactions related to Allspring Funds accounts. Both documents empower the agent to act in financial matters for the principal.

  • The Durable Power of Attorney remains effective even if the principal becomes incapacitated. This characteristic is shared with the Wells Fargo Power of Attorney form when the durable option is selected, ensuring the agent can continue to manage the principal’s Allspring Funds accounts regardless of the principal’s health condition.

  • Special or Limited Power of Attorney focuses on granting the agent authority to perform specific acts or handle specific matters. In the case of the Wells Fargo Power of Attorney form, while it is more focused than a general power of attorney, it is specialized in its authorization for the agent to manage the principal’s investments in Allspring Funds accounts.

  • The Financial Power of Attorney designates an agent to handle financial transactions. Similarly, the Wells Fargo Power of Attorney form designates an agent specifically for the financial transaction of buying, selling, or managing investments in Allspring Funds, aligning it closely with the purpose of a financial power of attorney.

  • Health Care Power of Attorney allows an agent to make health care decisions on behalf of the principal. Though it differs in focus, being specific to health care, it shares the concept of designating an agent to act on one’s behalf, just as the Wells Fargo Power of Attorney form does for financial matters. The importance of trusting someone to make critical decisions in specified areas is a parallel between the two.

  • The Springing Power of Attorney becomes effective upon the occurrence of a specific event, typically the principal’s incapacitation. The Wells Fargo Power of Attorney form can be aligned with this when the nondurable option is selected, which becomes ineffective upon the principal’s incapacity, offering a contrast in how conditions trigger or end the power granted to the agent.

  • Real Estate Power of Attorney grants an agent authority to manage the principal’s real estate matters. Although this is specific to real estate, it shares similarities with the Wells Fargo Power of Attorney form in terms of providing an agent with the authority to handle a specific category of the principal’s affairs, with the latter focusing on investment accounts.

Dos and Don'ts

When filling out the Wells Fargo Power of Attorney (POA) form, to ensure a smooth process and to safeguard the interests of all parties involved, it's crucial to adhere to specific dos and don'ts:

Dos:

  1. Read the entire form carefully before starting to fill it out. Understanding every section and provision is essential for accurately completing the form and making informed decisions.
  2. Ensure that all the information provided, especially personal details like social security numbers and account information, is accurate and up to date. This helps in avoiding delays and potential legal complications.
  3. Choose the correct type of power of attorney according to the principal's needs—whether it's durable or non-durable—as it has significant implications on how the POA operates in different situations.
  4. Have the principal's and the agent's signatures duly notarized as required by the form. This step is a legal necessity and lends authenticity to the power of attorney, making it valid and enforceable.
  5. Keep a copy of the filled-out form for records. It's important for both the principal and the attorney-in-fact to have a copy for reference and to act according to the powers granted in the document.

Don'ts:

  1. Don't leave any sections blank unless they specifically do not apply to your situation. Incomplete forms may be rejected or cause unnecessary delays.
  2. Don't use corrections fluid or tape. If you make a mistake, it's better to start with a fresh form to ensure the document's integrity and legibility.
  3. Don't forget to include essential documentation, such as a copy of the trust title page and relevant sections, if establishing POA for a trust account. This ensures that the appointment of the agent is in accordance with the trust's guidelines.
  4. Don't neglect to read the "Notice to Person Executing Power of Attorney" and the "Notice to Person Accepting the Appointment as Attorney-in-Fact" sections, as they contain important legal acknowledgments and responsibilities.
  5. Don't designate an attorney-in-fact who is not fully trusted by the principal. This document grants considerable control over the principal's financial accounts and should only be given to someone reliable and responsible.

Misconceptions

There are several common misconceptions about the Wells Fargo Power of Attorney (POA) form. Understanding these can clarify the rights, responsibilities, and limitations of the form and its proper use.

  • All accounts can be designated under one POA form: It is often thought that one POA form can designate an attorney-in-fact for all types of Wells Fargo accounts. However, the form specifically excludes custodial, estate, or guardianship accounts from designation.

  • POA enables gift making on behalf of the account owner: A prevalent misunderstanding is that the attorney-in-fact can make gifts of the principal's property. The Wells Fargo POA form does not allow the attorney-in-fact to accept or receive property as a gift on behalf of the principal unless explicitly authorized in the document.

  • Duties of the attorney-in-fact are undefined: Some believe that the roles and responsibilities of the attorney-in-fact are not clearly outlined. On the contrary, the document clearly states that the attorney-in-fact assumes fiduciary responsibilities, including acting in the best interest of the principal and avoiding conflicts of interest.

  • An attorney-in-fact can easily transfer the principal’s property to themselves: Contrary to this belief, transferring the principal’s property to the attorney-in-fact without full and adequate consideration, or outside of specific authorization, can lead to charges of fraud or embezzlement, especially for properties transferred without authority when the principal is 65 or older.

  • The POA form goes into effect immediately upon signing: Many assume that the POA is effective immediately after all parties sign the document. However, it must be dated and acknowledged before a notary public to be effective. Also, specific triggering events outlined in the document, such as the incapacity of the principal, may activate certain types of POA.

  • The attorney-in-fact's powers are limitless: Another misconception is that the attorney-in-fact has unlimited powers once designated. The form specifies the scope of the attorney-in-fact's powers to act on the principal's behalf, including limitations and the inability to make decisions beyond the authority granted in the POA form.

  • The POA cannot be amended or revoked: Some people mistakenly believe that once a POA form is executed, it cannot be changed or terminated. The form explicitly states that the principal may amend or revoke the power of attorney at any time, as long as they are competent, for durable POAs, or upon written notice of incapacitation for nondurable POAs.

Understanding these aspects of the Wells Fargo Power of Attorney form is crucial for principals and attorneys-in-fact to ensure their rights and obligations are clearly defined and legally upheld.

Key takeaways

When filling out the Wells Fargo Power of Attorney (POA) form, there are several important points to keep in mind. These will guide you through the process and ensure that the document reflects your intentions accurately. Understanding these key aspects can also help in making informed decisions about granting power of attorney privileges.

  • Designation of Attorney-in-Fact: When completing the POA form, you need to appoint an individual as your attorney-in-fact, who will be granted the authority to act on your behalf for your Allspring Funds account(s). It's crucial to note that the form does not allow the designation of an attorney-in-fact for custodial, estate, or guardianship accounts.
  • Type of Power of Attorney: You must choose between a durable and a nondurable power of attorney. A durable power of attorney remains in effect even if you become incapacitated, whereas a nondurable power of attorney terminates upon your incapacitation. This selection will affect how your affairs are managed in the event you are unable to make decisions.
  • Scope of Powers Granted: The POA form outlines the actions that the attorney-in-fact can perform on your behalf. These include managing and disposing of mutual fund shares, changing dividend and distribution options, inquiring about accounts, and initiating beneficiary changes, among others. If retirement accounts are included, the attorney-in-fact can also make contributions and request rollovers or transfers.
  • Legal and Financial Responsibilities of the Attorney-in-Fact: The individual you appoint as your attorney-in-fact assumes significant fiduciary and legal duties. They are required to act solely in your interest, avoid conflicts of interest, and keep your property separate from theirs. Understanding these responsibilities is essential for both you and your chosen attorney-in-fact to ensure that your assets are managed according to your wishes.

Completing the Wells Fargo POA form with these key takeaways in mind will help ensure that your financial matters are handled appropriately and in accordance with your preferences. Always consider consulting with a legal or financial advisor to fully understand the implications of granting someone power of attorney over your accounts.

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