How do I create a power of attorney in California?

California's POA law is codified in Division 4.5 of the Probate Code and includes both a Power of Attorney Law and a Uniform Statutory Form.

1. Governing Law

Cal. Prob. Code §§ 4000-4545 (Power of Attorney Law) plus §§ 4400-4465 (Uniform Statutory Form POA). California has not adopted the full UPOAA (2006); it retains the older Uniform Statutory Form POA Act.

2. Types

General vs limited (special) — scope of agent authority.

Durable vs non-durable — durable survives incapacity (§ 4124).

Springing — takes effect only on a triggering event (usually incapacity), expressly authorized by § 4129.

Healthcare POA — separate Advance Health Care Directive under §§ 4670-4806.

3. Statutory Form

California provides a Uniform Statutory Form at Prob. Code § 4401. Use is optional; any properly executed POA is valid.

4. Execution Formalities

Principal must sign (or direct another to sign in principal's presence). Under § 4121, the POA must be EITHER acknowledged before a notary OR signed by at least two adult witnesses who personally know the principal. Real-estate POAs must be notarized to be recorded.

5. Durability

California is opt-in: POA is durable only if it expressly states it survives incapacity (§ 4124). Default is non-durable.

6. Acceptance by Third Parties

Cal. Prob. Code §§ 4300-4310 governs third-party reliance. Banks may demand a certification of validity (§ 4305) but cannot unreasonably refuse a properly executed POA; § 4406 protects good-faith acceptors.

7. Revocation

Principal may revoke in writing at any time (§ 4151). Notice to agent and known third parties is required. If the POA was recorded (real estate), the revocation must also be recorded. Death of principal terminates the POA.

8. Special Authorities

Hot powers — gifts, trust amendments, beneficiary changes, survivorship rights — require an express grant under § 4264.

This is legal information, not legal advice.