A California general power of attorney (GPOA) is a legal document that grants an individual, known as the “agent” or “attorney-in-fact,” the authority to handle specific or broad financial responsibilities. This non-durable form authorizes the agent to conduct diverse financial transactions, including managing bank accounts, paying bills, and making investment decisions on behalf of the principal.
However, unlike a durable power of attorney, this designation becomes invalid if the principal becomes incapacitated and can no longer make financial decisions.
Laws — Probate Code, Division 4.5. Powers of Attorney [4000 – 4545].
Authority (Cal. Prob. Code § 4450) – The principal authorizes the agent to undertake various actions unless restricted or expanded within the power of attorney. The agent is empowered to perform any lawful act concerning the specified subject matter in the best interest of the principal, as permitted by the document.
Signing Requirements (Cal. Prob. Code § 4121) – The document must be signed in front of two witnesses or notarized.
Presumption of Durability (Cal. Prob. Code § 4124) – Yes, a California power of attorney is not considered durable. It must include specific statements indicating that the authority granted remains valid even if the principal becomes incapacitated later on.
