Uniform Statutory Power of Attorney - Property - Finances - Section 4401
CALIFORNIA LAW SUMMARIES
STATUTORY REFERENCE
CALIFORNIA PROBATE CODE
GENERAL DURABLE POWER OF ATTORNEY
(PROBATE CODE, §§4124 through 4128)
Section 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 contains any of the following statements:
(a) "This power of attorney shall not be affected by subsequent
incapacity of the principal."
(b) "This power of attorney shall become effective upon the incapacity
of the principal."
(c) Similar words showing the intent of the principal that the
authority conferred shall be exercisable notwithstanding the principal's
subsequent incapacity.
Section 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 the benefit of and bind the principal
and the principal's successors in interest as if the principal had capacity.
Section 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 consideration by the court if protective
proceedings for the principal's person or estate are thereafter commenced.
(b) If the protective proceedings are conservatorship proceedings
in this state, the nomination has the effect provided in Section 1810 and
the court shall give effect to the most recent writing executed in accordance
with Section 1810, whether or not the writing is a durable power of attorney.
Section 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 of the power of attorney.
Section 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 not have the advice of legal counsel
shall contain, in not less than 10-point boldface type.
Section 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 determine conclusively that the specified event
or contingency has occurred. The principal may designate the attorney-in-fact
or another person to perform this
function, either alone or jointly with other persons.
(b) A springing power of attorney containing the designation described
in subdivision (a) becomes effective when the person or persons designated
in the power of attorney execute a written declaration under penalty of
perjury that the specified event or contingency has occurred, and any person
may act in reliance on the written declaration without liability to the
principal or to any other person, regardless of whether the specified event
or
contingency has actually occurred.
(c) This section applies to a power of attorney whether executed
before, on, or after January 1, 1991, if the power of attorney contains
the designation described in subdivision (a).
(d) This section does not provide the exclusive method by which
a power of attorney may be limited to take effect on the occurrence of
a specified event or contingency.
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