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.
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).