CHAPTER 4. Attorneys-in-Fact [4200. - 4266.]

Chapter 4 added by Stats. 1994, Ch. 307, Sec. 16.

§§ 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…