CALIFORNIA DURABLE POWER OF ATTORNEY
(California Probate Code §§ 4400-4465 - Uniform Power of Attorney Act as adopted in California)
PART 1 - IDENTIFICATION OF PRINCIPAL AND AGENT(S)
PRINCIPAL (Person Granting the Power):
Full Legal Name: [[Principal Full Legal Name]]
Address: [[Principal Full Address, City, California, ZIP]]
Date of Birth: [[Date of Birth]]
Telephone: [[Phone]] Email: [[Email]]
PRIMARY AGENT (Attorney-in-Fact):
Full Legal Name: [[Primary Agent Full Legal Name]]
Address: [[Agent Full Address, City, State, ZIP]]
Relationship to Principal: [[Spouse / Adult Child / Sibling / Trusted Advisor / Other]]
Telephone: [[Phone]] Email: [[Email]]
SUCCESSOR AGENT(S):
If the Primary Agent is unable or unwilling to serve, the following shall serve in order:
- First Successor: [[First Successor Agent Full Legal Name]], [[Address]]
- Second Successor: [[Second Successor Agent Full Legal Name]], [[Address]]
Co-Agents (if appointing more than one agent to act together or independently):
- [ ] The agents must act jointly (all must agree and sign).
- [ ] The agents may act independently (any one may act alone).
PART 2 - DURABILITY AND EFFECTIVENESS
DURABILITY (select one):
- [X] DURABLE POWER OF ATTORNEY. This power of attorney shall not be affected by my subsequent incapacity or incompetence. This designation is made pursuant to Probate Code § 4404. A durable power of attorney remains effective even if I become unable to make or communicate decisions.
- [ ] NON-DURABLE POWER OF ATTORNEY. This power of attorney shall terminate if I become incapacitated.
EFFECTIVENESS (select one):
- [ ] Immediately Effective. This power of attorney is effective immediately upon my signing and delivery.
- [ ] Springing Power of Attorney (Effective on Incapacity). This power of attorney shall become effective only upon a written determination by [[one / two]] licensed physician(s) that I am unable to manage my property and affairs. The Agent shall obtain and retain a copy of the written certification(s) before acting.
Authorized certifier(s): [[Name(s) of physician(s) or "any licensed physician(s)"]]
PART 3 - GRANT OF AUTHORITY
I grant my Agent full power and authority to do and perform any and every act and thing whatsoever requisite, necessary, or appropriate to be done in and about the premises as fully and to all intents and purposes as I might or could do if personally present, including the powers listed below. I expressly grant the following "hot powers" (which are not implied and must be expressly granted under California law):
Initial next to each power granted:
General Financial Powers (Prob. Code § 4450 et seq.):
- [ ] Real property transactions (buy, sell, lease, mortgage, manage)
- [ ] Tangible personal property transactions
- [ ] Stock, bond, and securities transactions
- [ ] Banking and other financial institution transactions
- [ ] Business operating transactions
- [ ] Insurance and annuity transactions
- [ ] Estate, trust, and beneficial interest transactions
- [ ] Claims and litigation
- [ ] Tax matters (federal, state, local)
- [ ] Retirement plan transactions
- [ ] Safe deposit box and safe transactions
Hot Powers (express grant required):
- [ ] Make gifts (including to the Agent or the Agent's family), subject to any limitations stated below
- [ ] Create, amend, or revoke trusts
- [ ] Change beneficiary designations on life insurance, retirement plans, or other assets
- [ ] Disclaim property or interests
- [ ] Delegate authority to third parties
Limitations on Gifts or Hot Powers: [[e.g., "Gifts limited to $[[Annual Amount]] per donee per year or to my spouse and descendants only" or "No authority to make gifts to Agent except for documented reimbursement of expenses."]]
Additional Specific Powers: [[Describe any additional or limited powers, e.g., authority to sell specific real property at [[address]], or "Authority limited to banking and tax matters only."]]
PART 4 - AGENT'S DUTIES AND STANDARD OF CARE
My Agent shall:
- Act in good faith and in my best interest.
- Act with the care, competence, and diligence that a prudent person would exercise in similar circumstances.
- Keep accurate records of all transactions and make them available to me or my successor upon request.
- Not use my property for the Agent's own benefit except as expressly authorized or for reasonable compensation and reimbursement of expenses.
- Attempt to preserve my estate plan to the extent known and consistent with my best interest.
- Cooperate with any person who has authority to make healthcare decisions for me.
The Agent is entitled to reasonable compensation for services rendered and to reimbursement of reasonable expenses incurred on my behalf.
PART 5 - REVOCATION AND TERMINATION
5.1 I may revoke this power of attorney at any time by written notice to the Agent and, where appropriate, to third parties who have relied on it.
5.2 This power of attorney terminates upon:
(a) My death (except for actions properly taken before the Agent receives notice of death);
(b) My revocation;
(c) The occurrence of a terminating event specified in the instrument (if any);
(d) The Agent's death, resignation, or incapacity (unless a successor is named and qualified); or
(e) A court order terminating the power.
5.3 Revocation or termination is not effective as to a third party who has no knowledge of the revocation or termination and has acted in good faith reliance on the power.
PART 6 - RELIANCE AND INDEMNIFICATION OF THIRD PARTIES
Any third party (including banks, brokers, title companies, government agencies, and healthcare providers) may rely upon a copy or original of this power of attorney and upon the Agent's certification that the power is in full force and has not been revoked. Third parties who act in good faith reliance are protected and are not required to inquire further into the Agent's authority or my capacity.
PART 7 - EXECUTION AND ACKNOWLEDGMENT
I, the undersigned Principal, declare that I am signing this instrument as my free and voluntary act for the purposes expressed herein.
Principal Signature: ________________________________________
Printed Name: [[Principal Full Legal Name]]
Date: [[Date of Execution]]
City, County, State: [[City]], California
NOTARY ACKNOWLEDGMENT (California)
State of California
County of [[County]]
On [[Date]], before me, the undersigned Notary Public, personally appeared [[Principal Full Legal Name]], who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
________________________________________
Notary Public Signature
My commission expires: [[Date]]
(Seal)
WITNESS ATTESTATION (Recommended for Certain Uses)
We, the undersigned witnesses, declare that the Principal signed this instrument in our presence, appeared to be of sound mind, and acted voluntarily.
Witness 1:
Signature: ________________________________________ Printed Name: [[Name]] Address: [[Address]]
Witness 2:
Signature: ________________________________________ Printed Name: [[Name]] Address: [[Address]]
PART 8 - AGENT'S ACCEPTANCE (OPTIONAL BUT RECOMMENDED)
I, [[Primary Agent Full Legal Name]], accept appointment as Agent under this power of attorney. I understand my duties and agree to act in the Principal's best interest in accordance with the authority granted.
Agent Signature: ________________________________________
Date: [[Date]]
DISCLAIMER
Template - not professional (legal/financial/medical) advice. This is a sample California power of attorney. Execution and durability requirements are governed by Probate Code §§ 4400-4465. "Hot powers" (gifting, trust creation, beneficiary changes) must be expressly granted. A springing POA requires clear triggering language and reliable certification procedures. This document does not grant authority over healthcare decisions (use an Advance Health Care Directive under Probate Code § 4670 et seq.). Powers may be limited by other laws (e.g., real property transfer rules, tax reporting). The Principal and Agent should consult qualified California counsel. Third parties should verify current law and obtain legal advice regarding acceptance. As of June 2026.
RECORD OF DELIVERY AND USE
This power of attorney was delivered to the Agent on [[Date]]. The Principal should provide copies to relevant institutions (banks, brokers, title companies, IRS, etc.) as needed. The Agent should retain the original or a certified copy and present it together with identification when acting. The Principal should consider recording this document with the county recorder if it will be used for real property transactions.
