DIVISION 4.5. POWERS OF ATTORNEY [4000. - 4545.]

Division 4.5 added by Stats. 1994, Ch. 307, Sec. 16.

§§ 4000–4545 · 112 sections

PART 1. DEFINITIONS AND GENERAL PROVISIONS §§ 4000–4054 · 14 sections
1. CHAPTER 1. Short Title and Definitions §§ 4000–4034 · 9 sections
  - § 4000 This division may be cited as the Power of Attorney Law.
  - § 4001 Sections 4124, 4125, 4126, 4127, 4206, 4304, and 4305 may be cited as the Uniform Durable Power of Attorney Act.
  - § 4010 Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
  - § 4014 (a) “Attorney-in-fact” means a person granted authority to act for the principal in a power of attorney, regardless of whether the person is known as an…
  - § 4018 “Durable power of attorney” means a power of attorney that satisfies the requirements for durability provided in Section 4124.
  - § 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…
  - § 4026 “Principal” means a natural person who executes a power of attorney.
  - § 4030 “Springing power of attorney” means a power of attorney that by its terms becomes effective at a specified future time or on the occurrence of a specified…
  - § 4034 “Third person” means any person other than the principal or attorney-in-fact.
2. CHAPTER 2. General Provisions §§ 4050–4054 · 5 sections
  - § 4050 (a) This division applies to the following: (1) Durable powers of attorney, other than powers of attorney for health care governed by Division 4.7 (commencing…
  - § 4051 Except where this division provides a specific rule, the general law of agency, including Article 2 (commencing with Section 2019) of Chapter 2 of Title 6 of,…
  - § 4052 (a) If a power of attorney provides that the Power of Attorney Law of this state governs the power of attorney or otherwise indicates the principal’s intention…
  - § 4053 A durable power of attorney executed in another state or jurisdiction in compliance with the law of that state or jurisdiction or the law of this state is…
  - § 4054 Except as otherwise provided by statute: (a) On and after January 1, 1995, this division applies to all powers of attorney regardless of whether they were…
PART 2. POWERS OF ATTORNEY GENERALLY §§ 4100–4310 · 56 sections
1. CHAPTER 1. General Provisions §§ 4100–4102 · 3 sections
  - § 4100 This part applies to all powers of attorney under this division, subject to any special rules applicable to statutory form powers of attorney under Part 3…
  - § 4101 (a) Except as provided in subdivision (b), the principal may limit the application of any provision of this division by an express statement in the power of…
  - § 4102 Notwithstanding Section 4128: (a) Except as provided in subdivision (b), on and after January 1, 1995, a printed form of a durable power of attorney may be…
2. CHAPTER 2. Creation and Effect of Powers of Attorney §§ 4120–4130 · 11 sections
  - § 4120 A natural person having the capacity to contract may execute a power of attorney.
  - § 4121 A power of attorney is legally sufficient if all of the following requirements are satisfied: (a) The power of attorney contains the date of its execution. (b)…
  - § 4122 If the power of attorney is signed by witnesses, as provided in Section 4121, the following requirements shall be satisfied: (a) The witnesses shall be adults.…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 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…
  - § 4130 (a) If a principal grants inconsistent authority to one or more attorneys-in-fact in two or more powers of attorney, the authority granted last controls to the…
3. CHAPTER 3. Modification and Revocation of Powers of Attorney §§ 4150–4155 · 6 sections
  - § 4150 (a) A principal may modify a power of attorney as follows: (1) In accordance with the terms of the power of attorney. (2) By an instrument executed in the same…
  - § 4151 (a) A principal may revoke a power of attorney as follows: (1) In accordance with the terms of the power of attorney. (2) By a writing. This paragraph is not…
  - § 4152 (a) Subject to subdivision (b), the authority of an attorney-in-fact under a power of attorney is terminated by any of the following events: (1) In accordance…
  - § 4153 (a) The authority of an attorney-in-fact under a power of attorney may be revoked as follows: (1) In accordance with the terms of the power of attorney. (2)…
  - § 4154 (a) If after executing a power of attorney the principal’s marriage to the attorney-in-fact is dissolved or annulled, the principal’s designation of the former…
  - § 4155 (a) Subject to subdivision (b), the authority of an attorney-in-fact under a nondurable power of attorney is terminated by the incapacity of the principal to…
4. CHAPTER 4. Attorneys-in-Fact §§ 4200–4266 · 25 sections
  1. ARTICLE 1. Qualifications and Authority of Attorneys-in-Fact §§ 4200–4207 · 8 sections
    § 4200 Only a person having the capacity to contract is qualified to act as an attorney-in-fact.
    § 4201 Designating an unqualified person as an attorney-in-fact does not affect the immunities of third persons nor relieve the unqualified person of any applicable…
    § 4202 (a) A principal may designate more than one attorney-in-fact in one or more powers of attorney. (b) Authority granted to two or more attorneys-in-fact is…
    § 4203 (a) A principal may designate one or more successor attorneys-in-fact to act if the authority of a predecessor attorney-in-fact terminates. (b) The principal…
    § 4204 An attorney-in-fact is entitled to reasonable compensation for services rendered to the principal as attorney-in-fact and to reimbursement for reasonable…
    § 4205 (a) An attorney-in-fact may revocably delegate authority to perform mechanical acts to one or more persons qualified to exercise the authority delegated. (b)…
    § 4206 (a) If, following execution of a durable power of attorney, a court of the principal’s domicile appoints a conservator of the estate, guardian of the estate,…
    § 4207 (a) An attorney-in-fact may resign by any of the following means: (1) If the principal is competent, by giving notice to the principal. (2) If a conservator…
  2. ARTICLE 2. Duties of Attorneys-in-Fact §§ 4230–4238 · 10 sections
    § 4230 (a) Except as provided in subdivisions (b) and (c), a person who is designated as an attorney-in-fact has no duty to exercise the authority granted in the…
    § 4231 (a) Except as provided in subdivision (b), in dealing with property of the principal, an attorney-in-fact shall observe the standard of care that would be…
    § 4231.5 (a) If the attorney-in-fact breaches a duty pursuant to this division, the attorney-in-fact is chargeable with any of the following, as appropriate under the…
    § 4232 (a) An attorney-in-fact has a duty to act solely in the interest of the principal and to avoid conflicts of interest. (b) An attorney-in-fact is not in…
    § 4233 (a) The attorney-in-fact shall keep the principal’s property separate and distinct from other property in a manner adequate to identify the property clearly as…
    § 4234 (a) To the extent reasonably practicable under the circumstances, an attorney-in-fact has a duty to keep in regular contact with the principal, to communicate…
    § 4235 If the principal becomes wholly or partially incapacitated, or if there is a question concerning the capacity of the principal to give instructions to and…
    § 4236 (a) The attorney-in-fact shall keep records of all transactions entered into by the attorney-in-fact on behalf of the principal. (b) The attorney-in-fact does…
    § 4237 An attorney-in-fact with special skills has a duty to apply the full extent of those skills.
    § 4238 (a) On termination of an attorney-in-fact’s authority, the attorney-in-fact shall promptly deliver possession or control of the principal’s property as…
  3. ARTICLE 3. Authority of Attorneys-in-Fact §§ 4260–4266 · 7 sections
    § 4260 (a) Except as specified in subdivision (b), this article applies to all powers of attorney under this division. (b) Sections 4261 and 4263 do not apply to the…
    § 4261 If a power of attorney grants general authority to an attorney-in-fact and is not limited to one or more express actions, subjects, or purposes for which…
    § 4262 Subject to this article, if a power of attorney grants limited authority to an attorney-in-fact, the attorney-in-fact has the following authority: (a) The…
    § 4263 (a) A power of attorney may grant authority to the attorney-in-fact by incorporating powers by reference to another statute, including, but not limited to, the…
    § 4264 An attorney-in-fact under a power of attorney may perform any of the following acts on behalf of the principal or with the property of the principal only if…
    § 4265 A power of attorney may not authorize an attorney-in-fact to make, publish, declare, amend, or revoke the principal’s will.
    § 4266 The grant of authority to an attorney-in-fact, whether by the power of attorney, by statute, or by the court, does not in itself require or permit the exercise…
5. CHAPTER 5. Relations With Third Persons §§ 4300–4310 · 11 sections
  - § 4300 A third person shall accord an attorney-in-fact acting pursuant to the provisions of a power of attorney the same rights and privileges that would be accorded…
  - § 4301 A third person may rely on, contract with, and deal with an attorney-in-fact with respect to the subjects and purposes encompassed or expressed in the power of…
  - § 4302 When requested to engage in transactions with an attorney-in-fact, a third person, before incurring any duty to comply with the power of attorney, may require…
  - § 4303 (a) A third person who acts in good faith reliance on a power of attorney is not liable to the principal or to any other person for so acting if all of the…
  - § 4304 (a) The death of a principal who has executed a power of attorney, whether durable or nondurable, does not revoke or terminate the agency as to the…
  - § 4305 (a) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney-in-fact under a power of attorney, whether durable or…
  - § 4306 (a) If an attorney-in-fact furnishes an affidavit pursuant to Section 4305, whether voluntarily or on demand, a third person dealing with the attorney-in-fact…
  - § 4307 (a) A copy of a power of attorney certified under this section has the same force and effect as the original power of attorney. (b) A copy of a power of…
  - § 4308 (a) A third person who conducts activities through employees is not charged under this chapter with actual knowledge of any fact relating to a power of…
  - § 4309 Nothing in this chapter requires a third person to engage in any transaction with an attorney-in-fact if the attorney-in-fact has previously breached any…
  - § 4310 Without limiting the generality of Section 4300, nothing in this chapter requires a financial institution to open a deposit account for a principal at the…
PART 3. UNIFORM STATUTORY FORM POWER OF ATTORNEY §§ 4400–4465 · 26 sections
1. CHAPTER 1. General Provisions §§ 4400–4409 · 10 sections
  - § 4400 This part may be cited as the Uniform Statutory Form Power of Attorney Act.
  - § 4401 The following statutory form power of attorney is legally sufficient when the requirements of Section 4402 are satisfied: * * * * * * * * * * * * * * * * * * *…
  - § 4402 A statutory form power of attorney under this part is legally sufficient if all of the following requirements are satisfied: (a) The wording of the form…
  - § 4403 If the line in front of (N) of the statutory form under Section 4401 is initialed, an initial on the line in front of any other power does not limit the powers…
  - § 4404 A statutory form power of attorney legally sufficient under this part is durable to the extent that the power of attorney contains language, such as “This…
  - § 4405 (a) A statutory form power of attorney under this part that limits the power to take effect upon the occurrence of a specified event or contingency, including,…
  - § 4406 (a) If a third person to whom a properly executed statutory form power of attorney under this part is presented refuses to honor the agent’s authority under…
  - § 4407 The provisions of this division apply to a statutory form power of attorney except when there is a conflicting provision in this part, in which case the…
  - § 4408 Nothing in this part affects or limits the use of any other form for a power of attorney. A form that complies with the requirements of any law other than the…
  - § 4409 (a) A statutory short form power of attorney executed before, on, or after the repeal of Chapter 3 (commencing with Section 2450) of Title 9 of Part 4 of…
2. CHAPTER 2. Construction of Powers §§ 4450–4465 · 16 sections
  - § 4450 By executing a statutory form power of attorney with respect to a subject listed in Section 4401, the principal, except as limited or extended by the principal…
  - § 4451 In a statutory form power of attorney, the language granting power with respect to real property transactions empowers the agent to do all of the following:…
  - § 4452 In a statutory form power of attorney, the language granting power with respect to tangible personal property transactions empowers the agent to do all of the…
  - § 4453 In a statutory form power of attorney, the language granting power with respect to stock and bond transactions empowers the agent to do all of the following:…
  - § 4454 In a statutory form power of attorney, the language granting power with respect to commodity and option transactions empowers the agent to do all of the…
  - § 4455 In a statutory form power of attorney, the language granting power with respect to banking and other financial institution transactions empowers the agent to…
  - § 4456 In a statutory form power of attorney, the language granting power with respect to business operating transactions empowers the agent to do all of the…
  - § 4457 In a statutory form power of attorney, the language granting power with respect to insurance and annuity transactions empowers the agent to do all of the…
  - § 4458 In a statutory form power of attorney, the language granting power with respect to estate, trust, and other beneficiary transactions, empowers the agent to act…
  - § 4459 In a statutory form power of attorney, the language with respect to claims and litigation empowers the agent to do all of the following: (a) Assert and…
  - § 4460 (a) In a statutory form power of attorney, the language granting power with respect to personal and family maintenance empowers the agent to do all of the…
  - § 4461 In a statutory form power of attorney, the language granting power with respect to benefits from social security, Medicare, Medicaid, or other governmental…
  - § 4462 In a statutory form power of attorney, the language granting power with respect to retirement plan transactions empowers the agent to do all of the following:…
  - § 4463 In a statutory form power of attorney, the language granting power with respect to tax matters empowers the agent to do all of the following: (a) Prepare,…
  - § 4464 The powers described in this chapter are exercisable equally with respect to an interest the principal has when the statutory form power of attorney is…
  - § 4465 A statutory form power of attorney under this part does not empower the agent to take any of the actions specified in Section 4264 unless the statutory form…
PART 4. JUDICIAL PROCEEDINGS CONCERNING POWERS OF ATTORNEY §§ 4500–4545 · 16 sections
1. CHAPTER 1. General Provisions §§ 4500–4505 · 6 sections
  - § 4500 A power of attorney is exercisable free of judicial intervention, subject to this part.
  - § 4501 The remedies provided in this part are cumulative and not exclusive of any other remedies provided by law.
  - § 4502 Except as provided in Section 4503, this part is not subject to limitation in the power of attorney.
  - § 4503 (a) Subject to subdivision (b), a power of attorney may expressly eliminate the authority of a person listed in Section 4540 to petition the court for any one…
  - § 4504 There is no right to a jury trial in proceedings under this division.
  - § 4505 Except as otherwise provided in this division, the general provisions in Division 3 (commencing with Section 1000) apply to proceedings under this division.
2. CHAPTER 2. Jurisdiction and Venue §§ 4520–4523 · 4 sections
  - § 4520 (a) The superior court has jurisdiction in proceedings under this division. (b) The court in proceedings under this division is a court of general jurisdiction…
  - § 4521 The court may exercise jurisdiction in proceedings under this division on any basis permitted by Section 410.10 of the Code of Civil Procedure.
  - § 4522 Without limiting Section 4521, a person who acts as an attorney-in-fact under a power of attorney governed by this division is subject to personal jurisdiction…
  - § 4523 The proper county for commencement of a proceeding under this division shall be determined in the following order of priority: (a) The county in which the…
3. CHAPTER 3. Petitions, Orders,Appeals §§ 4540–4545 · 6 sections
  - § 4540 Subject to Section 4503, a petition may be filed under this part by any of the following persons: (a) The attorney-in-fact. (b) The principal. (c) The spouse…
  - § 4541 A petition may be filed under this part for any one or more of the following purposes: (a) Determining whether the power of attorney is in effect or has…
  - § 4542 A proceeding under this part is commenced by filing a petition stating facts showing that the petition is authorized under this part, the grounds of the…
  - § 4543 The court may dismiss a petition if it appears that the proceeding is not reasonably necessary for the protection of the interests of the principal or the…
  - § 4544 (a) Subject to subdivision (b), at least 15 days before the time set for hearing, the petitioner shall serve notice of the time and place of the hearing,…
  - § 4545 In a proceeding under this part commenced by the filing of a petition by a person other than the attorney-in-fact, the court may in its discretion award…