PART 2. POWERS OF ATTORNEY GENERALLY [4100. - 4310.]

Part 2 added by Stats. 1994, Ch. 307, Sec. 16.

§§ 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…