Attorneys-in-Fact in Probate

Division 4.5, Part 2, Chapter 4 of the Probate Code deals with attorneys-in-fact. Article 1 deals with qualifications and authority of attorneys-in-fact. Section 4200 provides that only a person having the capacity to contract is qualified to act as an attorney-in-fact.

Section 4201 states that designating an unqualified person as an attorney-in-fact does not affect the immunities of third persons nor relieve the unqualified person of any applicable duties to the principal or the principal’s successors.

Section 4202 specifies that a principal may designate more than one attorney-in-fact in one or more powers of attorney. Authority granted to two or more attorneys-in-fact is exercisable only by their unanimous action. If a vacancy occurs, the remaining attorneys-in-fact may exercise the authority conferred as if they are the only attorneys-in-fact.

Section 4203 authorizes a principal to designate one or more successor attorneys-in-fact to act if the authority of a predecessor attorney-in-fact terminates. The principal may grant authority to another person, designated by name, by office, or by function, including the initial and any successor attorneys-in-fact, to designate at any time one or more successor attorneys-in-fact.

Section 4204 says that an attorney-in-fact is entitled to reasonable compensation for services rendered to the principal as attorney-in-fact and to reimbursement for reasonable expenses incurred as a result of acting as attorney-in-fact.

Section 4205 allows an attorney-in-fact to revocably delegate authority to perform mechanical acts to one or more persons qualified to exercise the authority delegated.

Section 4206 provides that, if following execution of a durable power of attorney, a court of the principal’s domicile appoints a conservator of the estate, guardian of the estate, or other fiduciary charged with the management of all of the principal’s property or all of the principal’s property except specified exclusions, the attorney-in-fact is accountable to the fiduciary as well as to the principal.

Section 4207 provides that an attorney-in-fact may resign by any of four specified means.