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.

Updated March 16, 2025

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]

Laws

PROB Division 4.5 (Powers of Attorney)

Definition of “Durable”

‘Durable power of attorney’ means a power of attorney that satisfies the requirements for durability provided in Section 4124.^[2]

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.^[3]

Statutory Form

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