eForms Logo

California Durable (Statutory) Power of Attorney Form

A California durable power of attorney form allows an individual to act in the place of another person for financial-related affairs during their lifetime. The principal grants these powers to a designated agent. Because this form is "durable," the powers granted to the agent continue even if the principal becomes incapacitated.
PDF Word ODT

Updated June 17, 2024

4.7 Stars | 494 Ratings
Downloads: 6,028

Signing Requirements

The principal is required to have their signature acknowledged before a notary public. The agent only has to sign and does not need to have their signature notarized (CA Prob Code § 4402(c)).

Laws

Definition of “Durable”

‘Durable power of attorney’ means a power of attorney that satisfies the requirements for durability provided in Section 4124 (§ 4018).

Definition of “Power of Attorney”

‘Power of attorney’ means a written instrument, however denominated, that is executed by a natural person having the capacity to contract and that grants authority to an attorney-in-fact. A power of attorney may be durable or nondurable (CA Prob Code § 4022).

Statutory Form

California’s statutory durable power of attorney form is found in Probate Code § 4401.