A California durable power of attorney form is a document that grants someone you choose (the “agent” or “attorney-in-fact”) the legal authority to act and make decisions for you (the “principal”).
Unlike a non-durable power of attorney (POA), a durable power of attorney (DPOA) stays in effect even if the principal becomes incapacitated and unable to make their own decisions.
This form is sometimes called a durable power of attorney for finances, and it’s used for financial and business matters. You need a California medical power of attorney to grant durable power over medical decisions.
Laws
California power of attorney forms can be made durable by including either the following statements or similar language:
“This power of attorney shall not be affected by subsequent incapacity of the principal.” / “This power of attorney shall become effective upon the incapacity of the principal.”
- Statute: California Probate Code, Division 4.5 Powers of Attorney.
- Presumed Durable: No (California Probate Code § 4124).
- Signing Requirements: Requires date of execution and signature of the principal (California Probate Code § 4121).
- Notarization: Must be acknowledged before a notary public or signed by at least two witnesses who are adults and are not the named attorney-in-fact (California Probate Code § 4121).
- Statutory Form: Yes (California Probate Code § 4401).
