Powers of Attorney in General

Chapter 1 of Part 2 of Division 4.5 of the Probate Code deals with powers of attorney generally in California. Section 4100 provides that this part applies to all powers of attorney under this division, subject to any special rules applicable to statutory form powers of attorney.

Section 4101 allows the principal to limit the application of any provision of this division by an express statement in the power of attorney or by providing an inconsistent rule in the power of attorney. A power of attorney may not limit either the application of a statute specifically providing that it is not subject to limitation in the power of attorney or a statute concerning any of the six specified items.

Chapter 2 deals with the creation and effect of powers of attorney. Section 4120 provides that a atural person having the capacity to contract may execute a power of attorney.

Section 4121 specifies that a power of attorney is legally sufficient if all of the three specified requirements are satisfied.

Section 4122 states that, if the power of attorney is signed by witnesses, then the three specified requirements are satisfied.

Section 4123 explains that, in a power of attorney under this division, a principal may grant authority to an attorney-in-fact to act on the principal’s behalf with respect to all lawful subjects and purposes or with respect to one or more express subjects or purposes. The attorney-in-fact may be granted authority with regard to the principal’s property, personal care, or any other matter.

Section 4124 states that a durable power of attorney is a power of attorney by which a principal designates another person as attorney-in-fact in writing and the power of attorney contains either of the two specified statements.

Section 4125 provides that all acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal’s successors in interest as if the principal had capacity.

Section 4126 allows a principal to nominate, by a durable power of attorney, a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration by the court if protective proceedings for the principal’s person or estate are thereafter commenced.

Section 4127 provides that, unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney.

Section 4128 specifies that a printed form of a durable power of attorney that is sold or otherwise distributed in this state for use by a person who does not have the advice of legal counsel shall contain, in not less than 10-point boldface type or a reasonable equivalent thereof, the specified warning statements.

Section 4129 provides that, in a springing power of attorney, the principal may designate one or more persons who, by a written declaration under penalty of perjury, have the power to determine conclusively that the specified event or contingency has occurred. The principal may designate the attorney-in-fact or another person to perform this function, either alone or jointly with other persons.

Section 4130 states that, if a principal grants inconsistent authority to one or more attorneys-in-fact in two or more powers of attorney, the authority granted last controls to the extent of the inconsistency. This section is not subject to limitation in the power of attorney.

Chapter 3 deals with modification and revocation of powers of attorney. Section 4150 provides that a principal may modify a power of attorney as specified in this section.

Section 4151 allows a principal to revoke a power of attorney as specified in this section.

Section 4152 says that the authority of an attorney-in-fact under a power of attorney is terminated by any of the nine specified events. An attorney-in-fact or third person who does not have notice of an event that terminates the power of attorney or the authority of an attorney-in-fact is protected from liability.

Section 4153 says that the authority of an attorney-in-fact under a power of attorney may be revoked as specified in this section.

Section 4154 states that, if after executing a power of attorney the principal’s marriage to the attorney-in-fact is dissolved or annulled, the principal’s designation of the former spouse as an attorney-in-fact is revoked.

Section 4155 says that the authority of an attorney-in-fact under a nondurable power of attorney is terminated by the incapacity of the principal to contract. An attorney-in-fact or third person who does not have notice of the incapacity of the principal is protected from liability.