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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.
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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.[1]

Powers Granted

(a) 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.

(b) With regard to property matters, a power of attorney may grant authority to make decisions concerning all or part of the principal’s real and personal property, whether owned by the principal at the time of the execution of the power of attorney or thereafter acquired or whether located in this state or elsewhere, without the need for a description of each item or parcel of property.

(c) With regard to personal care, a power of attorney may grant authority to make decisions relating to the personal care of the principal, including, but not limited to, determining where the principal will live, providing meals, hiring household employees, providing transportation, handling mail, and arranging recreation and entertainment.[2]

“Durable” Definition

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 any of the following statements:

(a) “This power of attorney shall not be affected by subsequent incapacity of the principal.”

(b) “This power of attorney shall become effective upon the incapacity of the principal.”

(c) Similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent incapacity.[3]

“Power of Attorney” Definition

‘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.[4]

Revocation

A principal may revoke a durable power of attorney as follows:[5]
  • In accordance with the terms of the power of attorney.
  • By a written instrument. The principal may use a revocation form.

Statutory Form

Yes, the State of California has a statutory form.[6]

Sample

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