What is the power of attorney code in California?

4123. (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.

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California Uniform Statutory Power of Attorney - Property - Finances -...

California Probate Code Power Of Attorney

Category:

Power of Attorney - General

State:

California

Control #:

CA-P040

Format:

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Description

The California probate code power of attorney is a legal document that allows individuals to appoint an agent to act on their behalf in various financial and legal matters. This form includes a list of powers that can be granted to the agent, including transactions related to real property, banking, stocks, and taxes, among others. Users can choose to grant all powers or select specific powers by initialing the appropriate lines on the form. It is important to include any special instructions in the designated section if the user wishes to limit or extend the powers of the agent. The document is effective immediately and continues in effect even if the principal becomes incapacitated unless specified otherwise. This power of attorney does not allow the agent to make medical decisions. For the target audience of attorneys, partners, owners, associates, paralegals, and legal assistants, this form is essential for providing clients with a clear mechanism for managing their affairs. It facilitates efficient handling of financial matters, ensures compliance with legal requirements, and outlines the agent's responsibilities clearly, thereby safeguarding both parties. Users must consult legal advice if they have questions regarding any powers granted in the document.

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How to fill out California Uniform Statutory Power Of Attorney - Property - Finances - Section 4401?

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FAQ

Powers of attorney concerning real property must be acknowledged (notarized). There is no statutory requirement that the power of attorney be recorded with the County Recorder in the county where the real property is located.

(California Probate Code Section 4401) THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

Here are the basic steps to make your California power of attorney: Decide which type of power of attorney you want. ... Decide who you want to be your agent. ... Decide what authority you want to give your agent. ... Get a power of attorney form. ... Complete the form, sign it, and have it notarized or witnessed.

The document must be acknowledged by a notary public or signed by at least 2 adult witnesses. An agent cannot be a witness. "This Power of Attorney shall become effective upon the incapacity of the principal", or similar words that show you want the document to be valid even if you become incapacitated.

4123. (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.

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Uniform Statutory Power of Attorney - Property - Finances - Section 4401

CALIFORNIA LAW SUMMARIES

STATUTORY REFERENCE
CALIFORNIA PROBATE CODE

GENERAL DURABLE POWER OF ATTORNEY
(PROBATE CODE, §§4124 through 4128)

Section 4124. 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.

Section 4125. All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal had capacity.

Section 4126. (a) A principal may nominate, by a durable power of attorney, a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced.
(b) If the protective proceedings are conservatorship proceedings in this state, the nomination has the effect provided in Section 1810 and the court shall give effect to the most recent writing executed in accordance with Section 1810, whether or not the writing is a durable power of attorney.

Section 4127. Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney.

Section 4128. (a) Subject to subdivision (b), a printed form of a durable power of attorney that is sold or otherwise distributed in this state for use by a person who does not have the advice of legal counsel shall contain, in not less than 10-point boldface type.

Section 4129. (a) In a springing power of attorney, the principal may designate one or more persons who, by a written declaration under penalty of perjury, have the power to determine conclusively that the specified event or contingency has occurred. The principal may designate the attorney-in-fact or another person to perform this function, either alone or jointly with other persons. (b) A springing power of attorney containing the designation described in subdivision (a) becomes effective when the person or persons designated in the power of attorney execute a written declaration under penalty of perjury that the specified event or contingency has occurred, and any person may act in reliance on the written declaration without liability to the principal or to any other person, regardless of whether the specified event or contingency has actually occurred.
(c) This section applies to a power of attorney whether executed before, on, or after January 1, 1991, if the power of attorney contains the designation described in subdivision (a).
(d) This section does not provide the exclusive method by which a power of attorney may be limited to take effect on the occurrence of a specified event or contingency.

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Uniform Statutory Power of Attorney - Property - Finances - Section 4401

CALIFORNIA LAW SUMMARIES

STATUTORY REFERENCE
CALIFORNIA PROBATE CODE

GENERAL DURABLE POWER OF ATTORNEY
(PROBATE CODE, §§4124 through 4128)

Section 4127. Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

California Probate Code Power Of Attorney

This form is part of a form package!

Description

Related forms

Viewed forms

How to fill out California Uniform Statutory Power Of Attorney - Property - Finances - Section 4401?

Form popularity

FAQ

Does power of attorney need to be recorded in California?

What is California Probate Code Section 4401 POA?

How do I designate power of attorney in California?

What makes a power of attorney legal in California?

What is the power of attorney code in California?

Trusted and secure by over 3 million people of the world’s leading companies

California Probate Code Power Of Attorney

This form is part of a form package!

Description

Related forms

Viewed forms

How to fill out California Uniform Statutory Power Of Attorney - Property - Finances - Section 4401?

Form popularity

FAQ

Does power of attorney need to be recorded in California?

What is California Probate Code Section 4401 POA?

How do I designate power of attorney in California?

What makes a power of attorney legal in California?

What is the power of attorney code in California?

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