How to Writeĭownload: Adobe PDF Section I. Statutory FormĬalifornia’s statutory durable power of attorney form can be found within Probate Code § 4401. The agent only has to sign and does not need to have their signature notarized ( CA Prob Code § 4402(c)). The principal is required to have their signature acknowledged before a notary public. A power of attorney may be durable or nondurable ( CA Prob Code § 4022). “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. “Durable power of attorney” means a power of attorney that satisfies the requirements for durability provided in Section 4124 ( § 4018). PROB Division 4.5 (Powers of Attorney) Definition of “Durable” Table of Contentsĭownload: Adobe PDF, MS Word, OpenDocument It should be noted that because it is considered “durable,” the powers granted to the agent continue even if the principal becomes incapacitated. The agent can only act as the principal specifies and the agent has a fiduciary responsibility to act in the best interests of the principal. The principal grants these powers to a trusted friend or relative called an agent. A California durable power of attorney form allows an individual to act in the place of someone else for financial-related affairs during their lifetime.
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