Statute · California Probate Code

Cal. Prob. Code § 4124 — Creation and Effect of Powers of Attorney

Cal. Prob. Code § 4124

Type
Statute
Source
California Probate Code
Jurisdiction
California
Date
1995-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

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:

Citator

Cal. Prob. Code § 4124 — Creation and Effect of Powers of Attorney is in force in the current edition of the Code, and nothing recorded condemns it.

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.