California Power of Attorney PDF
California at a glance: Governing Law: Cal. Prob. Code §§ 4000–4545 · Notarization: Required (or two witnesses, if principal cannot sign) · Witnesses Required: 2 witnesses (alternative to notarization)
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Powers of Attorney in California
California's Power of Attorney law is governed by the California Probate Code, Division 4.5 (Sections 4000–4545). California uses a statutory form for durable financial POAs. The California Uniform Statutory Form Power of Attorney provides broad financial authority.
California also has a separate Advance Health Care Directive for medical decisions. A financial POA in California must be notarized or signed in front of two witnesses. Banks and institutions may still require their own forms.
California Power of Attorney — Quick Reference
| Requirement | California Rule |
|---|---|
| Governing Law | Cal. Prob. Code §§ 4000–4545 |
| Notarization | Required (or two witnesses, if principal cannot sign) |
| Witnesses Required | 2 witnesses (alternative to notarization) |
| Durability Language | "This power of attorney shall not be affected by subsequent incapacity..." |
| Medical Decisions | Separate Advance Health Care Directive required |
| Statutory Form | Cal. Prob. Code § 4401 |
California Legal Requirements
- Must be signed by the principal (or at their direction) in the presence of a notary public or two adult witnesses.
- Witnesses cannot be: the agent, the principal's health care provider, or anyone who would benefit from the estate.
- For durability, must include specific statutory language that the POA survives incapacity.
- Agent has fiduciary duties to act in the principal's best interest.
- Separate Advance Health Care Directive needed for medical decisions.
California Governing Laws
Read the full text of these laws at Cornell Law School's California legal resources or your state legislature's official website.