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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]

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.