What laws apply to the durable power of attorney in California?
The power of attorney creation in California is described in probate code starting from Section 4000 to Section 4545, Division 4.5.
- The acknowledgment form that a notary must sign is in Section 4128.
- Section 4128 also includes the form to be used when someone accepts responsibility as an agent under a power of attorney.
- Section 4124 includes the statements that must be used in a durable POA form to be valid in California.
- Section 4401 of the California probate code contains an example of a durable power of attorney.
What are the probate code requirements for a durable power of attorney form?
- A durable power of attorney form in California must state the date of execution.
- A power of attorney is valid for the remainder of the principal’s life unless it includes an expiration date or specific duration.
- The full legal name and address of the principal and agent must be listed on the POA form.
- A notary should verify the identity of the principal and the agent before the document is signed.
- While the standard POA form only lists one agent, your document can list alternate agents as well.
- It must be signed by the principal, the person who is handing over the power or in the principal’s presence and at his or her direction. For example, someone who is of sound mind and can speak but cannot write due to a stroke or paralysis can request that someone else sign on his or her behalf.
- The California probate code requires the POA form to list separate types of authority the agent can hold.
Different individuals can be agents for different types of powers. For example, one person may be authorized to act as the principal’s agent in managing the family business while someone else handles personal and family maintenance. A third person could be appointed as an agent to handle trust and tax matters, such as an accountant. Or the durable power of attorney can authorize one person to handle all of these matters.