California Power of Attorney Form Create a California Power of Attorney Form

... California

Home
Power of Attorney
California

California Power of Attorney Form

Updated Dec 06, 2025

5 (1)

2 Downloads

A California Power of Attorney Form is a legal instrument that delegates authority from one individual, known as the principal, to another, termed the agent or attorney-in-fact in the state of CA.

Create a California Power of Attorney Form

Poa Type

What type of Power of Attorney do you want to create?

General Power of Attorney Limited/Special Power of Attorney Durable Power of Attorney Springing Power of Attorney Medical/Healthcare Power of Attorney

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

California Power of Attorney Form Preview

View Document

Create

Download PDF

0% Complete 0/0 Fields

CALIFORNIA POWER OF ATTORNEY FORM

(CALIFORNIA PROBATE CODE SECTION 4401)

NOTICE TO THE PERSON WHO SIGNS THIS DOCUMENT:
The powers granted by this document are broad and sweeping. They are defined in the Uniform Statutory Form Power of Attorney Act (California Probate Code sections 4400–4465). If you have any questions about these powers, obtain competent legal advice. This document does not authorize anyone to make medical and other health-care decisions for you. You may define medical and health-care decisions in a separate "Advance Health Care Directive" (California Probate Code section 4600 et seq.).

The use of this form is for the purpose of creating a Power of Attorney under the laws of the State of California.

I. APPOINTMENT OF AGENT

I, (Principal's Name), residing at (Principal's Address), appoint (Agent's Name), residing at (Agent's Address), as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects:

II. GRANT OF GENERAL AUTHORITY

TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE BOX IN FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS.
TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.
TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.

(A) Real property transactions

(B) Tangible personal property transactions

(D) Commodity and option transactions

(E) Banking and other financial institution transactions

(F) Business operating transactions

(G) Insurance and annuity transactions

(H) Estate, trust, and other beneficiary transactions

(I) Claims and litigation

(J) Personal and family maintenance

(K) Benefits from social security, medicare, medicaid, or other governmental programs, or civil or military service

(L) Retirement plan transactions

(M) Tax matters

(N) ALL OF THE POWERS LISTED ABOVE

YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N).

III. SPECIAL INSTRUCTIONS

ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT:

IV. DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)

If my agent dies, becomes incapacitated, resigns, or refuses to act, I appoint the following person(s) to act as my successor agent:

Designate a Successor Agent?

First Successor Agent:
Name:
Address:

Add Second Successor Agent?

Second Successor Agent:
Name:
Address:

V. EFFECTIVE DATE

UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
This Power of Attorney will continue to be effective even if I become incapacitated.

VI. EXERCISE OF POWER OF ATTORNEY WHERE MORE THAN ONE AGENT DESIGNATED

If I have designated more than one agent, the agents are to act:

SEPARATELY

JOINTLY

(If you appointed more than one agent and neither of these lines is initialed, the agents must act jointly.)

VII. SIGNATURE AND ACKNOWLEDGMENT

I agree that any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.

Signature of Principal: _________________________
Date:
Print Name: _______________

Include Notary Public Section?

VIII. NOTARY ACKNOWLEDGMENT

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.

State of California
County of

On this , before me, , personally appeared _______________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public: _________________________
Date:
Print Name: _______________

(Seal)

PDF Preview

What is a California Power of Attorney Form?

A California Power of Attorney Form is a legal instrument that delegates authority from one individual, known as the principal, to another, termed the agent or attorney-in-fact. This document allows the agent to manage the principal's financial affairs, real estate transactions, or personal matters, depending on the scope defined within the text. It is commonly utilized for estate planning purposes to ensure continuity of management should the principal become incapacitated or unavailable to handle their own obligations. The document operates under strict statutory guidelines to ensure that the designated agent acts in accordance with the principal's wishes and best interests.

Distinction Between Financial and Medical Authority

In California, financial and medical authorities are generally handled through separate documents to respect privacy laws and distinct legal standards. The California Uniform Statutory Form Power of Attorney specifically addresses financial decisions, including banking, taxes, and business operations. Conversely, decisions regarding medical treatment, end-of-life care, and organ donation are governed by an Advance Health Care Directive. While it is possible to draft custom documents, the state legislature has provided statutory forms to standardize these delegations and ensure acceptance by third parties such as banks and hospitals. Mixing these powers into a single document without careful drafting can lead to ambiguity and rejection by institutions.

Requirements for a Valid California Power of Attorney

For a power of attorney to be legally binding in California, it must adhere to specific formalities outlined in the state probate code. Failure to meet these requirements may render the document void or cause third parties to refuse the agent's authority.

Mental Capacity: The principal must be of sound mind and understand the nature, consequences, and effect of the document at the time of signing.
Written Format: The designation must be in writing; oral appointments are generally not recognized for these legal powers.
Notarization: For a power of attorney to be durable and widely accepted, particularly for real estate transactions, it must be acknowledged before a notary public.
Witnessing: While financial powers generally require notarization, medical directives often require two witnesses or a notary, with specific restrictions on who may serve as a witness (e.g., the agent cannot usually be a witness).
Signature: The document must be signed by the principal or by another adult in the principal's presence and at their specific direction.

California Probate Code and Legal Framework

The governance of these documents is primarily found within the California Probate Code. Specifically, Division 4.5 creates the Power of Attorney Law. Sections 4400 through 4465 establish the Uniform Statutory Form Power of Attorney, providing the specific language that must be used to create a statutory form that third parties are legally obligated to respect. Section 4124 defines the requirements for a durable power of attorney, mandating that the document explicitly state it shall not be affected by subsequent incapacity of the principal. Furthermore, the California Health Care Decisions Law, found in Probate Code Sections 4600-4806, regulates Advance Health Care Directives. Non-compliance with these statutes can render the document void or result in third parties, such as financial institutions, refusing to honor the agent's authority. Agents who violate their duties under these codes may face civil liability for restoration of assets and potential damages.

Revocation and Termination of Authority

A principal retains the right to revoke a power of attorney at any time, provided they maintain the mental capacity to do so. Revocation is typically achieved by executing a written "Revocation of Power of Attorney" and delivering it to the agent and any third parties, such as banks, that were relying on the previous document. Apart from voluntary revocation, the authority granted terminates automatically upon the death of the principal. In the context of a non-durable power of attorney, the authority also ceases upon the principal's incapacity. Furthermore, if the agent is the principal's spouse, a dissolution of marriage or annulment generally revokes the agent's authority automatically under California law, unless the document expressly states otherwise.

Frequently Asked Questions

Generally, the document does not need to be recorded with the county to be valid. However, if the agent intends to handle real estate transactions, such as selling or refinancing a home, the power of attorney must be recorded with the County Recorder's office in the county where the property is located.

No, an agent acting under a power of attorney cannot create, modify, or revoke the principal's will. The authority to draft or change a Last Will and Testament is personal to the testator and cannot be delegated to an agent.

If an individual becomes incapacitated without a valid power of attorney in place, family members may need to petition the court to establish a conservatorship. This process is often time-consuming, expensive, and public, as the court must appoint a conservator to manage the individual's affairs.

While generic forms may be technically valid if they meet legal requirements, California has a specific statutory form found in the Probate Code. Using the California Uniform Statutory Form Power of Attorney is often recommended because banks and other institutions are more familiar with it and are legally required to accept it under most circumstances.

A power of attorney does not have a standard expiration date unless one is written into the document. It remains valid until the principal revokes it, the principal dies, or the agent is unable or unwilling to serve, assuming it is a durable power of attorney.

Do you have a question about a California Power of Attorney Form?

0/1000

This is general information only. Always consult a legal professional for specific advice.

Example questions:

Loading example questions...

Loading recent questions...

No questions have been asked yet.

Be the first to ask a question!

Not the form you're looking for?

Try our legal document generator to create a custom document

Community Discussion

Share your experience and help others

Comments (0)

Name

Your email will not be displayed publicly. It is used for validation purposes only and will never be used to send unwanted emails or sold to third parties.

Comment

Replying to

No comments yet. Be the first to comment!

Legal Notice: Comments are personal opinions and do not constitute legal advice. Always consult a qualified attorney for matters specific to your situation.