reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 4 - Attorneys-in-Fact › ARTICLE 2 - Duties of Attorneys-in-Fact › Section 4237.

4237. An attorney-in-fact with special skills has a duty to apply the full extent of those skills.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 4 - Attorneys-in-Fact › ARTICLE 2 - Duties of Attorneys-in-Fact › Section 4238.

4238. (a) On termination of an attorney-in-fact’s authority, the attorney-in-fact shall promptly deliver possession or control of the principal’s property as follows:
(1) If the principal is not incapacitated, to the principal or as directed by the principal.
(2) If the principal is incapacitated, to the following persons with the following priority:
(A) To a qualified successor attorney-in-fact.
(B) As to any community property, to the principal’s spouse.
(C) To the principal’s conservator of the estate or guardian of the estate.
(3) In the case of the death of the principal, to the principal’s personal representative, if any, or the principal’s successors.
(b) On termination of an attorney-in-fact’s authority, the attorney-in-fact shall deliver copies of any records relating to transactions undertaken on the principal’s behalf that are requested by the person to whom possession or control of the property is delivered.
(c) Termination of an attorney-in-fact’s authority does not relieve the attorney-in-fact of any duty to render an account of actions taken as attorney-in-fact.
(d) The attorney-in-fact has the powers reasonably necessary under the circumstances to perform the duties provided by this section.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 4 - Attorneys-in-Fact › ARTICLE 3 - Authority of Attorneys-in-Fact › Section 4260.

4260. (a) Except as specified in subdivision (b), this article applies to all powers of attorney under this division.
(b) Sections 4261 and 4263 do not apply to the provisions of Part 3 (commencing with Section 4400).
(Amended by Stats. 2011, Ch. 113, Sec. 1. (AB 1082) Effective January 1, 2012.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 4 - Attorneys-in-Fact › ARTICLE 3 - Authority of Attorneys-in-Fact › Section 4261.

4261. If a power of attorney grants general authority to an attorney-in-fact and is not limited to one or more express actions, subjects, or purposes for which general authority is conferred, the attorney-in-fact has all the authority to act that a person having the capacity to contract may carry out through an attorney-in-fact specifically authorized to take the action.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 4 - Attorneys-in-Fact › ARTICLE 3 - Authority of Attorneys-in-Fact › Section 4262.

4262. Subject to this article, if a power of attorney grants limited authority to an attorney-in-fact, the attorney-in-fact has the following authority:
(a) The authority granted in the power of attorney, as limited with respect to permissible actions, subjects, or purposes.
(b) The authority incidental, necessary, or proper to carry out the granted authority.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 4 - Attorneys-in-Fact › ARTICLE 3 - Authority of Attorneys-in-Fact › Section 4263.

4263. (a) A power of attorney may grant authority to the attorney-in-fact by incorporating powers by reference to another statute, including, but not limited to, the following:
(1) Powers of attorneys-in-fact provided by the Uniform Statutory Form Power of Attorney Act (Part 3 (commencing with Section 4400)).
(2) Powers of guardians and conservators provided by Chapter 5 (commencing with Section 2350) and Chapter 6 (commencing with Section 2400) of Part 4 of Division 4.
(3) Powers of trustees provided by Chapter 2 (commencing with Section 16200) of Part 4 of Division 9.
(b) Incorporation by reference to another statute includes any amendments made to the incorporated provisions after the date of execution of the power of attorney.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 4 - Attorneys-in-Fact › ARTICLE 3 - Authority of Attorneys-in-Fact › Section 4264.

4264. An attorney-in-fact under a power of attorney may perform any of the following acts on behalf of the principal or with the property of the principal only if the power of attorney expressly grants that authority to the attorney-in-fact:
(a) Create, modify, revoke, or terminate a trust, in whole or in part. If a power of attorney under this division empowers the attorney-in-fact to modify or revoke a trust created by the principal, the trust may be modified or revoked by the attorney-in-fact only as provided in the trust instrument.
(b) Fund with the principal’s property a trust not created by the principal or a person authorized to create a trust on behalf of the principal.
(c) Make or revoke a gift of the principal’s property in trust or otherwise.
(d) Exercise the right to reject, disclaim, release, or consent to a reduction in, or modification of, a share in, or payment from, an estate, trust, or other fund on behalf of the principal. This subdivision does not limit the attorney-in-fact’s authority to disclaim a detrimental transfer to the principal with the approval of the court.
(e) Create or change survivorship interests in the principal’s property or in property in which the principal may have an interest.
(f) Designate or change the designation of beneficiaries to receive any property, benefit, or contract right on the principal’s death.
(g) Make a loan to the attorney-in-fact.
(Amended by Stats. 2011, Ch. 113, Sec. 2. (AB 1082) Effective January 1, 2012.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 4 - Attorneys-in-Fact › ARTICLE 3 - Authority of Attorneys-in-Fact › Section 4265.

4265. A power of attorney may not authorize an attorney-in-fact to make, publish, declare, amend, or revoke the principal’s will.
(Amended by Stats. 1999, Ch. 658, Sec. 36. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 4 - Attorneys-in-Fact › ARTICLE 3 - Authority of Attorneys-in-Fact › Section 4266.

4266. The grant of authority to an attorney-in-fact, whether by the power of attorney, by statute, or by the court, does not in itself require or permit the exercise of the power. The exercise of authority by an attorney-in-fact is subject to the attorney-in-fact’s fiduciary duties.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 5 - Relations With Third Persons › Section 4300.

4300. A third person shall accord an attorney-in-fact acting pursuant to the provisions of a power of attorney the same rights and privileges that would be accorded the principal if the principal were personally present and seeking to act. However, a third person is not required to honor the attorney-in-fact’s authority or conduct business with the attorney-in-fact if the principal cannot require the third person to act or conduct business in the same circumstances.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 5 - Relations With Third Persons › Section 4301.

4301. A third person may rely on, contract with, and deal with an attorney-in-fact with respect to the subjects and purposes encompassed or expressed in the power of attorney without regard to whether the power of attorney expressly authorizes the specific act, transaction, or decision by the attorney-in-fact.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 5 - Relations With Third Persons › Section 4302.

4302. When requested to engage in transactions with an attorney-in-fact, a third person, before incurring any duty to comply with the power of attorney, may require the attorney-in-fact to provide identification, specimens of the signatures of the principal and the attorney-in-fact, and any other information reasonably necessary or appropriate to identify the principal and the attorney-in-fact and to facilitate the actions of the third person in transacting business with the attorney-in-fact. A third person may require an attorney-in-fact to provide the current and permanent residence addresses of the principal before agreeing to engage in a transaction with the attorney-in-fact.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 5 - Relations With Third Persons › Section 4303.

4303. (a) A third person who acts in good faith reliance on a power of attorney is not liable to the principal or to any other person for so acting if all of the following requirements are satisfied:
(1) The power of attorney is presented to the third person by the attorney-in-fact designated in the power of attorney.
(2) The power of attorney appears on its face to be valid.
(3) The power of attorney includes a notary public’s certificate of acknowledgment or is signed by two witnesses.
(b) Nothing in this section is intended to create an implication that a third person is liable for acting in reliance on a power of attorney under circumstances where the requirements of subdivision (a) are not satisfied. Nothing in this section affects any immunity that may otherwise exist apart from this section.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 5 - Relations With Third Persons › Section 4304.

4304. (a) The death of a principal who has executed a power of attorney, whether durable or nondurable, does not revoke or terminate the agency as to the attorney-in-fact or a third person who, without actual knowledge of the principal’s death, acts in good faith under the power of attorney. Any action so taken, unless otherwise invalid or unenforceable, binds the principal’s successors in interest.
(b) The incapacity of a principal who has previously executed a nondurable power of attorney does not revoke or terminate the agency as to the attorney-in-fact or a third person who, without actual knowledge of the incapacity of the principal, acts in good faith under the power of attorney. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 5 - Relations With Third Persons › Section 4305.

4305. (a) As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney-in-fact under a power of attorney, whether durable or nondurable, stating that, at the time of the exercise of the power, the attorney-in-fact did not have actual knowledge of the termination of the power of attorney or the attorney-in-fact’s authority by revocation or of the principal’s death or incapacity is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable.
(b) This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal’s capacity.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 5 - Relations With Third Persons › Section 4306.

4306. (a) If an attorney-in-fact furnishes an affidavit pursuant to Section 4305, whether voluntarily or on demand, a third person dealing with the attorney-in-fact who refuses to accept the exercise of the attorney-in-fact’s authority referred to in the affidavit is liable for attorney’s fees incurred in an action or proceeding necessary to confirm the attorney-in-fact’s qualifications or authority, unless the court determines that the third person believed in good faith that the attorney-in-fact was not qualified or was attempting to exceed or improperly exercise the attorney-in-fact’s authority.
(b) The failure of a third person to demand an affidavit pursuant to Section 4305 does not affect the protection provided the third person by this chapter, and no inference as to whether a third person has acted in good faith may be drawn from the failure to demand an affidavit from the attorney-in-fact.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 5 - Relations With Third Persons › Section 4307.

4307. (a) A copy of a power of attorney certified under this section has the same force and effect as the original power of attorney.
(b) A copy of a power of attorney may be certified by any of the following:
(1) An attorney authorized to practice law in this state.
(2) A notary public in this state.
(3) An official of a state or of a political subdivision who is authorized to make certifications.
(c) The certification shall state that the certifying person has examined the original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney.
(d) Nothing in this section is intended to create an implication that a third person may be liable for acting in good faith reliance on a copy of a power of attorney that has not been certified under this section.
(Amended by Stats. 1995, Ch. 300, Sec. 9. Effective August 3, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 5 - Relations With Third Persons › Section 4308.

4308. (a) A third person who conducts activities through employees is not charged under this chapter with actual knowledge of any fact relating to a power of attorney, nor of a change in the authority of an attorney-in-fact, unless both of the following requirements are satisfied:
(1) The information is received at a home office or a place where there is an employee with responsibility to act on the information.
(2) The employee has a reasonable time in which to act on the information using the procedure and facilities that are available to the third person in the regular course of its operations.
(b) Knowledge of an employee in one branch or office of an entity that conducts business through branches or multiple offices is not attributable to an employee in another branch or office.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 5 - Relations With Third Persons › Section 4309.

4309. Nothing in this chapter requires a third person to engage in any transaction with an attorney-in-fact if the attorney-in-fact has previously breached any agreement with the third person.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 5 - Relations With Third Persons › Section 4310.

4310. Without limiting the generality of Section 4300, nothing in this chapter requires a financial institution to open a deposit account for a principal at the request of an attorney-in-fact if the principal is not currently a depositor of the financial institution or to make a loan to the attorney-in-fact on the principal’s behalf if the principal is not currently a borrower of the financial institution.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4400.

4400. This part may be cited as the Uniform Statutory Form Power of Attorney Act.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4401.

4401. The following statutory form power of attorney is legally sufficient when the requirements of Section 4402 are satisfied:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
NOTICE OF INCOMPLETE TEXT: The Uniform Statutory Form
Power of Attorney appears in the hard-copy publication of the
chaptered bill. See Sec. 3, Chapter 113 (pp. 3–5), Statutes of 2011.
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
(Amended by Stats. 2011, Ch. 113, Sec. 3. (AB 1082) Effective January 1, 2012. Note: See published chaptered bill for complete section text. The Uniform Statutory Form Power of Attorney appears on pages 3 to 5 of Ch. 113.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4402.

4402. A statutory form power of attorney under this part is legally sufficient if all of the following requirements are satisfied:
(a) The wording of the form complies substantially with Section 4401. A form does not fail to comply substantially with Section 4401 merely because the form does not include the provisions of Section 4401 relating to designation of co-agents. A form does not fail to comply substantially with Section 4401 merely because the form uses the sentence “Revocation of the power of attorney is not effective as to a third party until the third party learns of the revocation” in place of the sentence “Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation,” in which case the form shall be interpreted as if it contained the sentence “Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation.”
(b) The form is properly completed.
(c) The signature of the principal is acknowledged.
(Amended by Stats. 1995, Ch. 300, Sec. 10. Effective August 3, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4403.

4403. If the line in front of (N) of the statutory form under Section 4401 is initialed, an initial on the line in front of any other power does not limit the powers granted by line (N).
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4404.

4404. A statutory form power of attorney legally sufficient under this part is durable to the extent that the power of attorney contains language, such as “This power of attorney will continue to be effective even though I become incapacitated,” showing the intent of the principal that the power granted may be exercised notwithstanding later incapacity.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4405.

4405. (a) A statutory form power of attorney under this part that limits the power to take effect upon the occurrence of a specified event or contingency, including, but not limited to, the incapacity of the principal, may contain a provision designating 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.
(b) A statutory form power of attorney that contains the provision 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 whether the specified event or contingency has actually occurred.
(c) The provision described in subdivision (a) may be included in the “Special Instructions” portion of the form set forth in Section 4401.
(d) Subdivisions (a) and (b) do not provide the exclusive method by which a statutory form power of attorney under this part may be limited to take effect upon the occurrence of a specified event or contingency.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4406.

4406. (a) If a third person to whom a properly executed statutory form power of attorney under this part is presented refuses to honor the agent’s authority under the power of attorney within a reasonable time, the third person may be compelled to honor the agent’s authority under the power of attorney in an action brought against the third person for this purpose, except that the third person may not be compelled to honor the agent’s authority if the principal could not compel the third person to act in the same circumstances.
(b) If an action is brought under this section, the court shall award attorney’s fees to the agent if the court finds that the third person acted unreasonably in refusing to accept the agent’s authority under the statutory form power of attorney.
(c) For the purpose of subdivision (b), and without limiting any other grounds that may constitute a reasonable refusal to accept an agent’s authority under a statutory form power of attorney, a third person shall not be deemed to have acted unreasonably in refusing to accept an agent’s authority if the refusal is authorized or required by state or federal statute or regulation.
(d) Notwithstanding subdivision (c), a third person’s refusal to accept an agent’s authority under a statutory form power of attorney under this part shall be deemed unreasonable if the only reason for the refusal is that the power of attorney is not on a form prescribed by the third person to whom the power of attorney is presented.
(e) The remedy provided in this section is cumulative and nonexclusive.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4407.

4407. The provisions of this division apply to a statutory form power of attorney except when there is a conflicting provision in this part, in which case the provision of this part governs, or when a provision of this division is expressly made inapplicable to a statutory form power of attorney.
(Amended by Stats. 2011, Ch. 113, Sec. 4. (AB 1082) Effective January 1, 2012.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4408.

4408. Nothing in this part affects or limits the use of any other form for a power of attorney. A form that complies with the requirements of any law other than the provisions of this part may be used instead of the form set forth in Section 4401, and none of the provisions of this part apply if the other form is used.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 1 - General Provisions › Section 4409.

4409. (a) A statutory short form power of attorney executed before, on, or after the repeal of Chapter 3 (commencing with Section 2450) of Title 9 of Part 4 of Division 3 of the Civil Code by Chapter 986 of the Statutes of 1990, using a form that complied with former Section 2450 of the Civil Code, as originally enacted by Chapter 602 of the Statutes of 1984, or as amended by Chapter 403 of the Statutes of 1985, is as valid as if Chapter 3 (commencing with Section 2450) of Title 9 of Part 4 of Division 3 of the Civil Code had not been repealed by, and former Section 2511 of the Civil Code amended by, Chapter 986 of the Statutes of 1990.
(b) A statutory form power of attorney executed before, on, or after the repeal of Chapter 3.5 (commencing with Section 2475) of Title 9 of Part 4 of Division 3 of the Civil Code by the act that enacted this section, using a form that complied with the repealed chapter of the Civil Code is as valid as if that chapter had not been repealed.
(Amended by Stats. 1995, Ch. 300, Sec. 11. Effective August 3, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4450.

4450. By executing a statutory form power of attorney with respect to a subject listed in Section 4401, the principal, except as limited or extended by the principal in the power of attorney, empowers the agent, for that subject, to do all of the following:
(a) Demand, receive, and obtain by litigation or otherwise, money or other thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received for the purposes intended.
(b) Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction, and perform, rescind, reform, release, or modify the contract or another contract made by or on behalf of the principal.
(c) Execute, acknowledge, seal, and deliver a deed, revocation, mortgage, lease, notice, check, release, or other instrument the agent considers desirable to accomplish a purpose of a transaction.
(d) Prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to, a claim existing in favor of or against the principal or intervene in litigation relating to the claim.
(e) Seek on the principal’s behalf the assistance of a court to carry out an act authorized by the power of attorney.
(f) Engage, compensate, and discharge an attorney, accountant, expert witness, or other assistant.
(g) Keep appropriate records of each transaction, including an accounting of receipts and disbursements.
(h) Prepare, execute, and file a record, report, or other document the agent considers desirable to safeguard or promote the principal’s interest under a statute or governmental regulation.
(i) Reimburse the agent for expenditures properly made by the agent in exercising the powers granted by the power of attorney.
(j) In general, do any other lawful act with respect to the subject.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4451.

4451. In a statutory form power of attorney, the language granting power with respect to real property transactions empowers the agent to do all of the following:
(a) Accept as a gift or as security for a loan, reject, demand, buy, lease, receive, or otherwise acquire, an interest in real property or a right incident to real property.
(b) Sell, exchange, convey with or without covenants, quitclaim, release, surrender, mortgage, encumber, partition, consent to partitioning, subdivide, apply for zoning, rezoning, or other governmental permits, plat or consent to platting, develop, grant options concerning, lease, sublease, or otherwise dispose of, an interest in real property or a right incident to real property.
(c) Release, assign, satisfy, and enforce by litigation or otherwise, a mortgage, deed of trust, encumbrance, lien, or other claim to real property which exists or is asserted.
(d) Do any act of management or of conservation with respect to an interest in real property, or a right incident to real property, owned, or claimed to be owned, by the principal, including all of the following:
(1) Insuring against a casualty, liability, or loss.
(2) Obtaining or regaining possession, or protecting the interest or right, by litigation or otherwise.
(3) Paying, compromising, or contesting taxes or assessments, or applying for and receiving refunds in connection with them.
(4) Purchasing supplies, hiring assistance or labor, and making repairs or alterations in the real property.
(e) Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right.
(f) Participate in a reorganization with respect to real property or a legal entity that owns an interest in or right incident to real property and receive and hold shares of stock or obligations received in a plan of reorganization, and act with respect to them, including all of the following:
(1) Selling or otherwise disposing of them.
(2) Exercising or selling an option, conversion, or similar right with respect to them.
(3) Voting them in person or by proxy.
(g) Change the form of title of an interest in or right incident to real property.
(h) Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest or right.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4452.

4452. In a statutory form power of attorney, the language granting power with respect to tangible personal property transactions empowers the agent to do all of the following:
(a) Accept as a gift or as security for a loan, reject, demand, buy, receive, or otherwise acquire ownership or possession of tangible personal property or an interest in tangible personal property.
(b) Sell, exchange, convey with or without covenants, release, surrender, mortgage, encumber, pledge, hypothecate, create a security interest in, pawn, grant options concerning, lease, sublease to others, or otherwise dispose of tangible personal property or an interest in tangible personal property.
(c) Release, assign, satisfy, or enforce by litigation or otherwise, a mortgage, security interest, encumbrance, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property.
(d) Do an act of management or conservation with respect to tangible personal property or an interest in tangible personal property on behalf of the principal, including all of the following:
(1) Insuring against casualty, liability, or loss.
(2) Obtaining or regaining possession, or protecting the property or interest, by litigation or otherwise.
(3) Paying, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments.
(4) Moving from place to place.
(5) Storing for hire or on a gratuitous bailment.
(6) Using, altering, and making repairs or alterations.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4453.

4453. In a statutory form power of attorney, the language granting power with respect to stock and bond transactions empowers the agent to do all of the following:
(a) Buy, sell, and exchange stocks, bonds, mutual funds, and all other types of securities and financial instruments except commodity futures contracts and call and put options on stocks and stock indexes.
(b) Receive certificates and other evidences of ownership with respect to securities.
(c) Exercise voting rights with respect to securities in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4454.

4454. In a statutory form power of attorney, the language granting power with respect to commodity and option transactions empowers the agent to do all of the following:
(a) Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call and put options on stocks and stock indexes traded on a regulated option exchange.
(b) Establish, continue, modify, and terminate option accounts with a broker.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4455.

4455. In a statutory form power of attorney, the language granting power with respect to banking and other financial institution transactions empowers the agent to do all of the following:
(a) Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal.
(b) Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, industrial loan company, brokerage firm, or other financial institution selected by the agent.
(c) Hire or close a safe deposit box or space in a vault.
(d) Contract to procure other services available from a financial institution as the agent considers desirable.
(e) Withdraw by check, order, or otherwise money or property of the principal deposited with or left in the custody of a financial institution.
(f) Receive bank statements, vouchers, notices, and similar documents from a financial institution and act with respect to them.
(g) Enter a safe deposit box or vault and withdraw or add to the contents.
(h) Borrow money at an interest rate agreeable to the agent and pledge as security personal property of the principal necessary in order to borrow, pay, renew, or extend the time of payment of a debt of the principal.
(i) Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal, or payable to the principal or the principal’s order, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due.
(j) Receive for the principal and act upon a sight draft, warehouse receipt, or other negotiable or nonnegotiable instrument.
(k) Apply for and receive letters of credit, credit cards, and traveler’s checks from a financial institution, and give an indemnity or other agreement in connection with letters of credit.
(l) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4457.

4457. In a statutory form power of attorney, the language granting power with respect to insurance and annuity transactions empowers the agent to do all of the following:
(a) Continue, pay the premium or assessment on, modify, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract.
(b) Procure new, different, and additional contracts of insurance and annuities for the principal and the principal’s spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment.
(c) Pay the premium or assessment on, modify, rescind, release, or terminate a contract of insurance or annuity procured by the agent.
(d) Apply for and receive a loan on the security of the contract of insurance or annuity.
(e) Surrender and receive the cash surrender value.
(f) Exercise an election.
(g) Change the manner of paying premiums.
(h) Change or convert the type of insurance contract or annuity as to any insurance contract or annuity with respect to which the principal has or claims to have a power described in this section.
(i) Apply for and procure government aid to guarantee or pay premiums of a contract of insurance on the life of the principal.
(j) Collect, sell, assign, hypothecate, borrow upon, or pledge the interest of the principal in a contract of insurance or annuity.
(k) Pay from proceeds or otherwise, compromise or contest, and apply for refunds in connection with, a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
(Amended by Stats. 2011, Ch. 113, Sec. 5. (AB 1082) Effective January 1, 2012.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4458.

4458. In a statutory form power of attorney, the language granting power with respect to estate, trust, and other beneficiary transactions, empowers the agent to act for the principal in all matters that affect a trust, probate estate, guardianship, conservatorship, escrow, custodianship, or other fund from which the principal is, may become, or claims to be entitled, as a beneficiary, to a share or payment, including the power to do all of the following:
(a) Accept, receive, receipt for, sell, assign, pledge, or exchange, a share in, or payment from, the fund.
(b) Demand or obtain by litigation or otherwise money or other thing of value to which the principal is, may become, or claims to be entitled by reason of the fund.
(c) Initiate, participate in, and oppose litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal.
(d) Initiate, participate in, and oppose litigation to remove, substitute, or surcharge a fiduciary.
(e) Conserve, invest, disburse, and use anything received for an authorized purpose.
(f) Transfer an interest of the principal in real property, stocks, bonds, accounts with financial institutions, insurance, and other property, to the trustee of a revocable trust created by the principal as settlor.
(g) Disclaim a detrimental transfer to the principal with the approval of the court.
(Amended by Stats. 2011, Ch. 113, Sec. 6. (AB 1082) Effective January 1, 2012.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4459.

4459. In a statutory form power of attorney, the language with respect to claims and litigation empowers the agent to do all of the following:
(a) Assert and prosecute before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, cross-complaint, or offset, and defend against an individual, a legal entity, or government, including suits to recover property or other thing of value, to recover damages sustained by the principal, to eliminate or modify tax liability, or to seek an injunction, specific performance, or other relief.
(b) Bring an action to determine adverse claims, intervene in litigation, and act as amicus curiae.
(c) In connection with litigation:
(1) Procure an attachment, garnishment, libel, order of arrest, or other preliminary, provisional, or intermediate relief and use any available procedure to effect, enforce, or satisfy a judgment, order, or decree.
(2) Perform any lawful act, including acceptance of tender, offer of judgment, admission of facts, submission of a controversy on an agreed statement of facts, consent to examination before trial, and binding the principal in litigation.
(d) Submit to arbitration, settle, and propose or accept a compromise with respect to a claim or litigation.
(e) Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon whom process directed to the principal may be served, execute and file or deliver stipulations on the principal’s behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive and execute and file or deliver a consent, waiver, release, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation.
(f) Act for the principal with respect to bankruptcy or insolvency proceedings, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization proceeding, or with respect to an assignment for the benefit of creditors, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value.
(g) Pay a judgment against the principal or a settlement made in connection with litigation and receive and conserve money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
(Amended by Stats. 2022, Ch. 851, Sec. 7. (SB 688) Effective January 1, 2023.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4460.

4460. (a) In a statutory form power of attorney, the language granting power with respect to personal and family maintenance empowers the agent to do all of the following:
(1) Do the acts necessary to maintain the customary standard of living of the principal, the principal’s spouse, children, and other individuals customarily or legally entitled to be supported by the principal, including providing living quarters by purchase, lease, or other contract, or paying the operating costs, including interest, amortization payments, repairs, and taxes on premises owned by the principal and occupied by those individuals.
(2) Provide for the individuals described in paragraph (1) all of the following:
(A) Normal domestic help.
(B) Usual vacations and travel expenses.
(C) Funds for shelter, clothing, food, appropriate education, and other current living costs.
(3) Pay for the individuals described in paragraph (1) necessary medical, dental, and surgical care, hospitalization, and custodial care.
(4) Continue any provision made by the principal, for the individuals described in paragraph (1), for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them.
(5) Maintain or open charge accounts for the convenience of the individuals described in paragraph (1) and open new accounts the agent considers desirable to accomplish a lawful purpose.
(6) Continue payments incidental to the membership or affiliation of the principal in a church, club, society, order, or other organization and continue contributions to those organizations.
(b) The authority of an agent with respect to personal and family maintenance under this section is not dependent on any other grant of authority to the agent to make gifts on the principal’s behalf and is not limited by any limitation that otherwise applies to the authority of the agent to make gifts on the principal’s behalf.
(Amended by Stats. 2011, Ch. 113, Sec. 7. (AB 1082) Effective January 1, 2012.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4461.

4461. In a statutory form power of attorney, the language granting power with respect to benefits from social security, Medicare, Medicaid, or other governmental programs, or civil or military service, empowers the agent to do all of the following:
(a) Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in paragraph (1) of subdivision (a) of Section 4460, and for shipment of their household effects.
(b) Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose.
(c) Prepare, file, and prosecute a claim of the principal to a benefit or assistance, financial or otherwise, to which the principal claims to be entitled, under a statute or governmental regulation.
(d) Prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to any benefits the principal may be entitled to receive.
(e) Receive the financial proceeds of a claim of the type described in this section, conserve, invest, disburse, or use anything received for a lawful purpose.
(Amended by Stats. 2012, Ch. 162, Sec. 138. (SB 1171) Effective January 1, 2013.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 3 - UNIFORM STATUTORY FORM POWER OF ATTORNEY › CHAPTER 2 - Construction of Powers › Section 4462.

4462. In a statutory form power of attorney, the language granting power with respect to retirement plan transactions empowers the agent to do all of the following:
(a) Select payment options under any retirement plan in which the principal participates, including plans for self-employed individuals.
(b) Make voluntary contributions to those plans.
(c) Exercise the investment powers available under any self-directed retirement plan.
(d) Make rollovers of plan benefits into other retirement plans.
(e) If authorized by the plan, borrow from, sell assets to, and purchase assets from the plan.
(f) Waive the right of the principal to be a beneficiary of a joint or survivor annuity if the principal is a spouse who is not employed.
(Amended by Stats. 2011, Ch. 113, Sec. 9. (AB 1082) Effective January 1, 2012.)