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California Springing Power of Attorney Form

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Updated May 20, 2024

A California springing power of attorney authorizes someone to make important decisions on behalf of the person making the document (principal). By its terms, it becomes effective at a future date or on the occurrence of a future event that can include the incapacity of the principal.

Permitted in California?

Yes, a power of attorney may become effective at a future date or on the occurrence of a future event or contingency.[1]

Signing Requirements

Must be acknowledged before a notary public or by two adult witnesses (neither of which may be the attorney-in-fact).[2]

“Incapacity” Definition

“Incapacity” means impairment of a person’s abilities to understand the consequences of their actions due to a deficit in:

  • Alertness and attention
  • Information processing
  • Thought processes
  • Ability to modulate mood and affect[3]

Sources

  1. California Code §4129
  2. California Code §4121
  3. California Code §810-813