Power of Attorney in Probate Law

Division 4.5 of the Probate Code deals with powers of attorney. Part 1, Chapter 1 deals with the short title and definitions. Section 4000 names this division as the Power of Attorney Law.

Section 4001 states that specified sections may be cited as the Uniform Durable Power of Attorney Act.

Section 4010 explains that the definitions in this chapter govern the construction of this division.

Section 4014 defines the term “attorney-in-fact.”

Section 4018 defines the term “durable power of attorney.”

Section 4022 defines the term “power of attorney.”

Section 4026 defines the term “principal.”

Section 4030 defines the term “springing power of attorney.”

Section 4034 defines the term “third person.”

Chapter 2 deals with general provisions. Section 4050 provides that this division applies three specified forms and that this division does not apply to three specified forms. This division is not intended to affect the validity of any instrument or arrangement that is not described.

Section 4051 states that the general law of agency applies to powers of attorney.

Section 4502 provides that, if a power of attorney provides that the Power of Attorney Law of this state governs the power of attorney or otherwise indicates the principal’s intention that the Power of Attorney Law of this state governs the power of attorney, this division governs the power of attorney and applies to acts and transactions of the attorney-in-fact in this state or outside this state where any of the five specified conditions is satisfied.

Section 4053 provides that a durable power of attorney executed in another state or jurisdiction in compliance with the law of that state or jurisdiction or the law of this state is valid and enforceable in this state to the same extent as a durable power of attorney executed in this state, regardless of whether the principal is a domiciliary of this state.