reglab/statecodes huggingface dataset:
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 9 - CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT › Section 3915.

3915. (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties.
(b) Except for one who is a transferor under Section 3904, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.
(c) Except as provided in subdivision (f) of Section 3918, a custodian need not give a bond.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 9 - CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT › Section 3916.

3916. A third person in good faith and without court order may act on the instructions of, or otherwise deal with, any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining any of the following:
(a) The validity of the purported custodian’s designation.
(b) The propriety of, or the authority under this part for, any act of the purported custodian.
(c) The validity or propriety under this part of any instrument or instructions executed or given either by the person purporting to make a transfer or by the purported custodian.
(d) The propriety of the application of any property of the minor delivered to the purported custodian.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 9 - CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT › Section 3917.

3917. (a) A claim based on (1) a contract entered into by a custodian acting in a custodial capacity, (2) an obligation arising from the ownership or control of custodial property, or (3) a tort committed during the custodianship, may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable therefor.
(b) A custodian is not personally liable for either of the following:
(1) On a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract.
(2) For an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.
(c) A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 9 - CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT › Section 3919.

3919. (a) A minor who has attained the age of 14 years, the minor’s guardian of the person or legal representative, an adult member of the minor’s family, a transferor, or a transferor’s legal representative may petition the court for any of the following:
(1) An accounting by the custodian or the custodian’s legal representative.
(2) A determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under Section 3917 to which the minor or the minor’s legal representative was a party.
(b) A successor custodian may petition the court for an accounting by the predecessor custodian.
(c) The court, in a proceeding under this part or in any other proceeding, may require or permit the custodian or the custodian’s legal representative to account.
(d) If a custodian is removed under subdivision (f) of Section 3918, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.
(e) The right to petition for an accounting shall continue for one year after the filing of a final accounting by the custodian or the custodian’s legal representative and delivery of the custodial property to the minor or the minor’s estate.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 9 - CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT › Section 3920.

3920. The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor’s estate upon the earlier of the following:
(a) The minor’s attainment of 18 years of age unless the time of transfer of the custodial property to the minor is delayed under Section 3920.5 to a time after the time the minor attains the age of 18 years.
(b) The time specified in the transfer pursuant to Section 3909 if the time of transfer of the custodial property to the minor is delayed under Section 3920.5 to a time after the time the minor attains the age of 18 years.
(c) The minor’s death.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 9 - CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT › Section 3921.

3921. Subject to the power of the court to transfer actions and proceedings as provided in the Code of Civil Procedure, a petition filed under this part shall be heard and proceedings thereon held in the superior court in the proper county, which shall be determined as follows:
(a) If the minor resides in this state, in either of the following counties:
(1) Where the minor resides.
(2) Where the custodian resides.
(b) If the minor does not reside within this state, in any of the following counties:
(1) Where the transferor resides.
(2) Where the custodian resides.
(3) Where the estate of a deceased or legally incapacitated custodian is being administered.
(4) Where a parent of the minor resides.
(c) If neither the minor, nor the transferor, nor any parent resides within this state, and no estate of a deceased or legally incapacitated custodian is being administered within this state, in any county.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 9 - CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT › Section 3922.

3922. This part applies to a transfer within the scope of Section 3902 made on or after January 1, 1985, if either of the following requirements is satisfied:
(a) The transfer purports to have been made under the California Uniform Gifts to Minors Act.
(b) The instrument by which the transfer purports to have been made uses in substance the designation “as custodian under the Uniform Gifts to Minors Act” or “as custodian under the Uniform Transfers to Minors Act” of any other state, and the application of this part is necessary to validate the transfer.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 9 - CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT › Section 3923.

3923. (a) As used in this section, “California Uniform Gifts to Minors Act” means former Article 4 (commencing with Section 1154) of Chapter 3 of Title 4 of Part 4 of Division 2 of the Civil Code.
(b) Any transfer of custodial property, as now defined in this part, made before January 1, 1985, is validated, notwithstanding that there was no specific authority in the California Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.
(c) This part applies to all transfers made before January 1, 1985, in a manner and form prescribed in the California Uniform Gifts to Minors Act, except insofar as the application impairs constitutionally vested rights.
(d) To the extent that this part, by virtue of subdivision (c), does not apply to transfers made in a manner prescribed in the California Uniform Gifts to Minors Act or to the powers, duties, and immunities conferred by transfers in that manner upon custodians and persons dealing with custodians, the repeal of the California Uniform Gifts to Minors Act does not affect those transfers or those powers, duties, and immunities.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4 - GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE PROCEEDINGS › PART 9 - CALIFORNIA UNIFORM TRANSFERS TO MINORS ACT › Section 3925.

3925. This part shall not be construed as providing an exclusive method for making gifts or other transfers to minors.
(Enacted by Stats. 1990, Ch. 79.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 4000.

4000. This division may be cited as the Power of Attorney Law.
(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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 4001.

4001. Sections 4124, 4125, 4126, 4127, 4206, 4304, and 4305 may be cited as the Uniform Durable 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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 4010.

4010. Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
(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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 4014.

4014. (a) “Attorney-in-fact” means a person granted authority to act for the principal in a power of attorney, regardless of whether the person is known as an attorney-in-fact or agent, or by some other term.
(b) “Attorney-in-fact” includes a successor or alternate attorney-in-fact and a person delegated authority by an 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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 4018.

4018. “Durable power of attorney” means a power of attorney that satisfies the requirements for durability provided in Section 4124.
(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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 4022.

4022. “Power of attorney” means a written instrument, however denominated, that is executed by a natural person having the capacity to contract and that grants authority to an attorney-in-fact. A power of attorney may be durable or nondurable.
(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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 4026.

4026. “Principal” means a natural person who executes a 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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 4030.

4030. “Springing power of attorney” means a power of attorney that by its terms becomes effective at a specified future time or on the occurrence of a specified future event or contingency, including, but not limited to, the subsequent incapacity of the principal. A springing power of attorney may be a durable power of attorney or a nondurable 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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 1 - Short Title and Definitions › Section 4034.

4034. “Third person” means any person other than the principal or 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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 4050.

4050. (a) This division applies to the following:
(1) Durable powers of attorney, other than powers of attorney for health care governed by Division 4.7 (commencing with Section 4600).
(2) Statutory form powers of attorney under Part 3 (commencing with Section 4400).
(3) Any other power of attorney that incorporates or refers to this division or the provisions of this division.
(b) This division does not apply to the following:
(1) A power of attorney to the extent that the authority of the attorney-in-fact is coupled with an interest in the subject of the power of attorney.
(2) Reciprocal or interinsurance exchanges and their contracts, subscribers, attorneys-in-fact, agents, and representatives.
(3) A proxy given by an attorney-in-fact to another person to exercise voting rights.
(c) This division is not intended to affect the validity of any instrument or arrangement that is not described in subdivision (a).
(Amended by Stats. 1999, Ch. 658, Sec. 27. 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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 4051.

4051. Except where this division provides a specific rule, the general law of agency, including Article 2 (commencing with Section 2019) of Chapter 2 of Title 6 of, and Title 9 (commencing with Section 2295) of, Part 4 of Division 3 of the Civil Code, applies to powers 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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 4052.

4052. (a) If a power of attorney provides that the Power of Attorney Law of this state governs the power of attorney or otherwise indicates the principal’s intention that the Power of Attorney Law of this state governs the power of attorney, this division governs the power of attorney and applies to acts and transactions of the attorney-in-fact in this state or outside this state where any of the following conditions is satisfied:
(1) The principal or attorney-in-fact was domiciled in this state when the principal executed the power of attorney.
(2) The authority conferred on the attorney-in-fact relates to property, acts, or transactions in this state.
(3) The acts or transactions of the attorney-in-fact occurred or were intended to occur in this state.
(4) The principal executed the power of attorney in this state.
(5) There is otherwise a reasonable relationship between this state and the subject matter of the power of attorney.
(b) If subdivision (a) does not apply to the power of attorney, this division governs the power of attorney and applies to the acts and transactions of the attorney-in-fact in this state where either of the following conditions is satisfied:
(1) The principal was domiciled in this state when the principal executed the power of attorney.
(2) The principal executed the power of attorney in this state.
(c) A power of attorney described in this section remains subject to this division despite a change in domicile of the principal or the attorney-in-fact, or the removal from this state of property that was the subject 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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 4053.

4053. A durable power of attorney executed in another state or jurisdiction in compliance with the law of that state or jurisdiction or the law of this state is valid and enforceable in this state to the same extent as a durable power of attorney executed in this state, regardless of whether the principal is a domiciliary of this state.
(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 1 - DEFINITIONS AND GENERAL PROVISIONS › CHAPTER 2 - General Provisions › Section 4054.

4054. Except as otherwise provided by statute:
(a) On and after January 1, 1995, this division applies to all powers of attorney regardless of whether they were executed before, on, or after January 1, 1995.
(b) This division applies to all proceedings concerning powers of attorney commenced on or after January 1, 1995.
(c) This division applies to all proceedings concerning powers of attorney commenced before January 1, 1995, unless the court determines that application of a particular provision of this division would substantially interfere with the effective conduct of the proceedings or the rights of the parties and other interested persons, in which case the particular provision of this division does not apply and prior law applies.
(d) Nothing in this division affects the validity of a power of attorney executed before January 1, 1995, that was valid under prior law.
(Amended by Stats. 1995, Ch. 300, Sec. 3. Effective August 3, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 1 - General Provisions › Section 4100.

4100. This part applies to all powers of attorney under this division, subject to any special rules applicable to statutory form powers of attorney under Part 3 (commencing with Section 4400).
(Amended by Stats. 1999, Ch. 658, Sec. 28. 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 1 - General Provisions › Section 4101.

4101. (a) Except as provided in subdivision (b), the principal may limit the application of any provision of this division by an express statement in the power of attorney or by providing an inconsistent rule in the power of attorney.
(b) A power of attorney may not limit either the application of a statute specifically providing that it is not subject to limitation in the power of attorney or a statute concerning any of the following:
(1) Warnings or notices required to be included in a power of attorney.
(2) Operative dates of statutory enactments or amendments.
(3) Execution formalities.
(4) Qualifications of witnesses.
(5) Qualifications of attorneys-in-fact.
(6) Protection of third persons from liability.
(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 1 - General Provisions › Section 4102.

4102. Notwithstanding Section 4128:
(a) Except as provided in subdivision (b), on and after January 1, 1995, a printed form of a durable power of attorney may be sold or otherwise distributed if it satisfies the requirements of former Section 2510.5 of the Civil Code.
(b) A printed form of a durable power of attorney printed on or after January 1, 1986, that is sold or otherwise distributed in this state for use by a person who does not have the advice of legal counsel shall comply with former Section 2510 of the Civil Code or with Section 4128 of this code.
(c) A durable power of attorney executed on or after January 1, 1995, using a printed form that complies with subdivision (b) of former Section 2400 of the Civil Code, as enacted by Chapter 511 of the Statutes of 1981, or with former Section 2510 of the Civil Code, is as valid as if it had been executed using a printed form that complies with Section 4128 of this code.
(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 2 - Creation and Effect of Powers of Attorney › Section 4120.

4120. A natural person having the capacity to contract may execute a 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 2 - Creation and Effect of Powers of Attorney › Section 4121.

4121. A power of attorney is legally sufficient if all of the following requirements are satisfied:
(a) The power of attorney contains the date of its execution.
(b) The power of attorney is signed either (1) by the principal or (2) in the principal’s name by another adult in the principal’s presence and at the principal’s direction.
(c) The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122.
(Amended by Stats. 1999, Ch. 658, Sec. 29. 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 2 - Creation and Effect of Powers of Attorney › Section 4122.

4122. If the power of attorney is signed by witnesses, as provided in Section 4121, the following requirements shall be satisfied:
(a) The witnesses shall be adults.
(b) The attorney-in-fact may not act as a witness.
(c) Each witness signing the power of attorney shall witness either the signing of the instrument by the principal or the principal’s acknowledgment of the signature or the power of attorney.
(Amended by Stats. 1999, Ch. 658, Sec. 30. 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 2 - Creation and Effect of Powers of Attorney › Section 4123.

4123. (a) In a power of attorney under this division, a principal may grant authority to an attorney-in-fact to act on the principal’s behalf with respect to all lawful subjects and purposes or with respect to one or more express subjects or purposes. The attorney-in-fact may be granted authority with regard to the principal’s property, personal care, or any other matter.
(b) With regard to property matters, a power of attorney may grant authority to make decisions concerning all or part of the principal’s real and personal property, whether owned by the principal at the time of the execution of the power of attorney or thereafter acquired or whether located in this state or elsewhere, without the need for a description of each item or parcel of property.
(c) With regard to personal care, a power of attorney may grant authority to make decisions relating to the personal care of the principal, including, but not limited to, determining where the principal will live, providing meals, hiring household employees, providing transportation, handling mail, and arranging recreation and entertainment.
(Amended by Stats. 2001, Ch. 230, Sec. 2. Effective January 1, 2002.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 2 - Creation and Effect of Powers of Attorney › Section 4124.

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.
(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 2 - Creation and Effect of Powers of Attorney › Section 4125.

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.
(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 2 - Creation and Effect of Powers of Attorney › Section 4126.

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.
(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 2 - Creation and Effect of Powers of Attorney › Section 4127.

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.
(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 2 - Creation and Effect of Powers of Attorney › Section 4129.

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.
(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 2 - Creation and Effect of Powers of Attorney › Section 4130.

4130. (a) If a principal grants inconsistent authority to one or more attorneys-in-fact in two or more powers of attorney, the authority granted last controls to the extent of the inconsistency.
(b) This section is not subject to limitation in 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 3 - Modification and Revocation of Powers of Attorney › Section 4150.

4150. (a) A principal may modify a power of attorney as follows:
(1) In accordance with the terms of the power of attorney.
(2) By an instrument executed in the same manner as a power of attorney may be executed.
(b) An attorney-in-fact or third person who does not have notice of the modification is protected from liability as provided in Chapter 5 (commencing with Section 4300).
(Amended by Stats. 1995, Ch. 300, Sec. 4. Effective August 3, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 3 - Modification and Revocation of Powers of Attorney › Section 4151.

4151. (a) A principal may revoke a power of attorney as follows:
(1) In accordance with the terms of the power of attorney.
(2) By a writing. This paragraph is not subject to limitation in the power of attorney.
(b) An attorney-in-fact or third person who does not have notice of the revocation is protected from liability as provided in Chapter 5 (commencing with Section 4300).
(Amended by Stats. 1995, Ch. 300, Sec. 5. Effective August 3, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 3 - Modification and Revocation of Powers of Attorney › Section 4152.

4152. (a) Subject to subdivision (b), the authority of an attorney-in-fact under a power of attorney is terminated by any of the following events:
(1) In accordance with the terms of the power of attorney.
(2) Extinction of the subject or fulfillment of the purpose of the power of attorney.
(3) Revocation of the attorney-in-fact’s authority, as provided in Section 4153.
(4) Death of the principal, except as to specific authority permitted by statute to be exercised after the principal’s death.
(5) Removal of the attorney-in-fact.
(6) Resignation of the attorney-in-fact.
(7) Incapacity of the attorney-in-fact, except that a temporary incapacity suspends the attorney-in-fact’s authority only during the period of the incapacity.
(8) Dissolution or annulment of the marriage of the attorney-in-fact and principal, as provided in Section 4154.
(9) Death of the attorney-in-fact.
(b) An attorney-in-fact or third person who does not have notice of an event that terminates the power of attorney or the authority of an attorney-in-fact is protected from liability as provided in Chapter 5 (commencing with Section 4300).
(Amended by Stats. 1995, Ch. 300, Sec. 6. Effective August 3, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 3 - Modification and Revocation of Powers of Attorney › Section 4153.

4153. (a) The authority of an attorney-in-fact under a power of attorney may be revoked as follows:
(1) In accordance with the terms of the power of attorney.
(2) Where the principal informs the attorney-in-fact orally or in writing that the attorney-in-fact’s authority is revoked or when and under what circumstances it is revoked. This paragraph is not subject to limitation in the power of attorney.
(3) Where the principal’s legal representative, with approval of the court as provided in Section 4206, informs the attorney-in-fact in writing that the attorney-in-fact’s authority is revoked or when and under what circumstances it is revoked. This paragraph is not subject to limitation in the power of attorney.
(b) An attorney-in-fact or third person who does not have notice of the revocation is protected from liability as provided in Chapter 5 (commencing with Section 4300).
(Amended by Stats. 1995, Ch. 300, Sec. 7. Effective August 3, 1995.)
2023 California Code › Probate Code - PROB › DIVISION 4.5 - POWERS OF ATTORNEY › PART 2 - POWERS OF ATTORNEY GENERALLY › CHAPTER 3 - Modification and Revocation of Powers of Attorney › Section 4154.

4154. (a) If after executing a power of attorney the principal’s marriage to the attorney-in-fact is dissolved or annulled, the principal’s designation of the former spouse as an attorney-in-fact is revoked.
(b) If the attorney-in-fact’s authority is revoked solely by subdivision (a), it is revived by the principal’s remarriage to 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 3 - Modification and Revocation of Powers of Attorney › Section 4155.

4155. (a) Subject to subdivision (b), the authority of an attorney-in-fact under a nondurable power of attorney is terminated by the incapacity of the principal to contract.
(b) An attorney-in-fact or third person who does not have notice of the incapacity of the principal is protected from liability as provided in Chapter 5 (commencing with Section 4300).
(c) This section is not subject to limitation in the power of attorney.
(Amended by Stats. 1995, Ch. 300, Sec. 8. Effective August 3, 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 1 - Qualifications and Authority of Attorneys-in-Fact › Section 4200.

4200. Only a person having the capacity to contract is qualified to act as an 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 4 - Attorneys-in-Fact › ARTICLE 1 - Qualifications and Authority of Attorneys-in-Fact › Section 4201.

4201. Designating an unqualified person as an attorney-in-fact does not affect the immunities of third persons nor relieve the unqualified person of any applicable duties to the principal or the principal’s successors.
(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 1 - Qualifications and Authority of Attorneys-in-Fact › Section 4202.

4202. (a) A principal may designate more than one attorney-in-fact in one or more powers of attorney.
(b) Authority granted to two or more attorneys-in-fact is exercisable only by their unanimous action.
(c) If a vacancy occurs, the remaining attorneys-in-fact may exercise the authority conferred as if they are the only attorneys-in-fact.
(d) If an attorney-in-fact is unavailable because of absence, illness, or other temporary incapacity, the other attorneys-in-fact may exercise the authority under the power of attorney as if they are the only attorneys-in-fact, where necessary to accomplish the purposes of the power of attorney or to avoid irreparable injury to the principal’s interests.
(e) An attorney-in-fact is not liable for the actions of other attorneys-in-fact, unless the attorney-in-fact participates in, knowingly acquiesces in, or conceals a breach of fiduciary duty committed by another 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 4 - Attorneys-in-Fact › ARTICLE 1 - Qualifications and Authority of Attorneys-in-Fact › Section 4203.

4203. (a) A principal may designate one or more successor attorneys-in-fact to act if the authority of a predecessor attorney-in-fact terminates.
(b) The principal may grant authority to another person, designated by name, by office, or by function, including the initial and any successor attorneys-in-fact, to designate at any time one or more successor attorneys-in-fact.
(c) A successor attorney-in-fact is not liable for the actions of the predecessor attorney-in-fact.
(Amended by Stats. 1999, Ch. 658, Sec. 33. 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 1 - Qualifications and Authority of Attorneys-in-Fact › Section 4204.

4204. An attorney-in-fact is entitled to reasonable compensation for services rendered to the principal as attorney-in-fact and to reimbursement for reasonable expenses incurred as a result of acting as 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 4 - Attorneys-in-Fact › ARTICLE 1 - Qualifications and Authority of Attorneys-in-Fact › Section 4205.

4205. (a) An attorney-in-fact may revocably delegate authority to perform mechanical acts to one or more persons qualified to exercise the authority delegated.
(b) The attorney-in-fact making a delegation remains responsible to the principal for the exercise or nonexercise of the delegated 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 1 - Qualifications and Authority of Attorneys-in-Fact › Section 4206.

4206. (a) If, following execution of a durable power of attorney, a court of the principal’s domicile appoints a conservator of the estate, guardian of the estate, or other fiduciary charged with the management of all of the principal’s property or all of the principal’s property except specified exclusions, the attorney-in-fact is accountable to the fiduciary as well as to the principal. Except as provided in subdivision (b), the fiduciary has the same power to revoke or amend the durable power of attorney that the principal would have had if not incapacitated, subject to any required court approval.
(b) If a conservator of the estate is appointed by a court of this state, the conservator can revoke or amend the durable power of attorney only if the court in which the conservatorship proceeding is pending has first made an order authorizing or requiring the fiduciary to modify or revoke the durable power of attorney and the modification or revocation is in accord with the order.
(c) This section is not subject to limitation in the power of attorney.
(Amended by Stats. 1999, Ch. 658, Sec. 34. 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 1 - Qualifications and Authority of Attorneys-in-Fact › Section 4207.

4207. (a) An attorney-in-fact may resign by any of the following means:
(1) If the principal is competent, by giving notice to the principal.
(2) If a conservator has been appointed, by giving notice to the conservator.
(3) On written agreement of a successor who is designated in the power of attorney or pursuant to the terms of the power of attorney to serve as attorney-in-fact.
(4) Pursuant to a court order.
(b) This section is not subject to limitation in 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 2 - Duties of Attorneys-in-Fact › Section 4230.

4230. (a) Except as provided in subdivisions (b) and (c), a person who is designated as an attorney-in-fact has no duty to exercise the authority granted in the power of attorney and is not subject to the other duties of an attorney-in-fact, regardless of whether the principal has become incapacitated, is missing, or is otherwise unable to act.
(b) Acting for the principal in one or more transactions does not obligate an attorney-in-fact to act for the principal in a subsequent transaction, but the attorney-in-fact has a duty to complete a transaction that the attorney-in-fact has commenced.
(c) If an attorney-in-fact has expressly agreed in writing to act for the principal, the attorney-in-fact has a duty to act pursuant to the terms of the agreement. The agreement to act on behalf of the principal is enforceable against the attorney-in-fact as a fiduciary regardless of whether there is any consideration to support a contractual obligation.
(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 4231.

4231. (a) Except as provided in subdivision (b), in dealing with property of the principal, an attorney-in-fact shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries.
(b) An attorney-in-fact who has special skills or expertise or was designated as an attorney-in-fact on the basis of representations of special skills or expertise shall observe the standard of care that would be observed by others with similar skills or expertise.
(Amended by Stats. 2010, Ch. 48, Sec. 1. (SB 1038) Effective January 1, 2011.)
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 4231.5.

4231.5. (a) If the attorney-in-fact breaches a duty pursuant to this division, the attorney-in-fact is chargeable with any of the following, as appropriate under the circumstances:
(1) Any loss or depreciation in value of the principal’s property resulting from the breach of duty, with interest.
(2) Any profit made by the attorney-in-fact through the breach of duty, with interest.
(3) Any profit that would have accrued to the principal if the loss of profit is the result of the breach of duty.
(b) If the attorney-in-fact has acted reasonably and in good faith under the circumstances as known to the attorney-in-fact, the court, in its discretion, may excuse the attorney-in-fact in whole or in part from liability under subdivision (a) if it would be equitable to do so.
(c) If a court finds that a person has in bad faith wrongfully taken, concealed, or disposed of property that belongs to a principal under a power of attorney, or has taken, concealed, or disposed of property that belongs to a principal under a power of attorney by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined in Section 15610.30 of the Welfare and Institutions Code, the person shall be liable for twice the value of the property recovered by an action to recover the property or for surcharge. In addition, except as otherwise required by law, including Section 15657.5 of the Welfare and Institutions Code, the person may, in the court’s discretion, be liable for reasonable attorney’s fees and costs to the prevailing party. The remedies provided in this section shall be in addition to any other remedies available in law to the principal or any successor in interest of the principal.
(Amended by Stats. 2013, Ch. 99, Sec. 2. (AB 381) Effective January 1, 2014.)
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 4232.

4232. (a) An attorney-in-fact has a duty to act solely in the interest of the principal and to avoid conflicts of interest.
(b) An attorney-in-fact is not in violation of the duty provided in subdivision (a) solely because the attorney-in-fact also benefits from acting for the principal, has conflicting interests in relation to the property, care, or affairs of the principal, or acts in an inconsistent manner regarding the respective interests of the principal and 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 4 - Attorneys-in-Fact › ARTICLE 2 - Duties of Attorneys-in-Fact › Section 4233.

4233. (a) The attorney-in-fact shall keep the principal’s property separate and distinct from other property in a manner adequate to identify the property clearly as belonging to the principal.
(b) An attorney-in-fact holding property for a principal complies with subdivision (a) if the property is held in the name of the principal or in the name of the attorney-in-fact as attorney-in-fact for the principal.
(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 4234.

4234. (a) To the extent reasonably practicable under the circumstances, an attorney-in-fact has a duty to keep in regular contact with the principal, to communicate with the principal, and to follow the instructions of the principal.
(b) With court approval, the attorney-in-fact may disobey instructions of the principal.
(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 4235.

4235. If the principal becomes wholly or partially incapacitated, or if there is a question concerning the capacity of the principal to give instructions to and supervise the attorney-in-fact, the attorney-in-fact may consult with a person previously designated by the principal for this purpose, and may also consult with and obtain information needed to carry out the attorney-in-fact’s duties from the principal’s spouse, physician, attorney, accountant, a member of the principal’s family, or other person, business entity, or government agency with respect to matters to be undertaken on the principal’s behalf and affecting the principal’s personal affairs, welfare, family, property, and business interests. A person from whom information is requested shall disclose relevant information to the attorney-in-fact. Disclosure under this section is not a waiver of any privilege that may apply to the information disclosed.
(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 4236.

4236. (a) The attorney-in-fact shall keep records of all transactions entered into by the attorney-in-fact on behalf of the principal.
(b) The attorney-in-fact does not have a duty to make an account of transactions entered into on behalf of the principal, except in the following circumstances:
(1) At any time requested by the principal.
(2) Where the power of attorney requires the attorney-in-fact to account and specifies to whom the account is to be made.
(3) On request by the conservator of the estate of the principal while the principal is living.
(4) On request by the principal’s personal representative or successor in interest after the death of the principal.
(5) Pursuant to court order.
(c) The following persons are entitled to examine and copy the records kept by the attorney-in-fact:
(1) The principal.
(2) The conservator of the estate of the principal while the principal is living.
(3) The principal’s personal representative or successor in interest after the death of the principal.
(4) Any other person, pursuant to court order.
(d) This section is not subject to limitation in the power of attorney.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)