California

Probate Code

2,711 sections, each with the official text and a plain-English explanation of what it means for you.

• § 3088 — (a) The court may order the spouse who has the management or control of community property to apply the income or principal, or both, of the community property to the support and maintenance of the co
• § 3089 — If the spouse who has the management or control of the community property refuses to comply with any order made under this article or an order made in a separate action to provide support for the cons
• § 3090 — Any order of the court made under this article may be enforced by the court by execution, the appointment of a receiver, contempt, or by such other order or orders as the court in its discretion may f
• § 3091 — Notwithstanding any other provision of law, the Judicial Council may provide by rule for the practice and procedure in proceedings under this article.
• § 3092 — Nothing in this article affects or limits the right of the conservator or any interested person to institute an action against any person to enforce the duty otherwise imposed by law to support the sp
• § 3100 — (a) As used in this chapter, “transaction” means a transaction that involves community real or personal property, tangible or intangible, or an interest therein or a lien or encumbrance thereon, inclu
• § 3101 — (a) A proceeding may be brought under this chapter for a court order authorizing a proposed transaction, whether or not the proposed transaction is one that otherwise would require the joinder or cons
• § 3102 — The transactions that may be the subject of a proceeding under this chapter include, but are not limited to: (a) Sale, conveyance, assignment, transfer, exchange, conveyance pursuant to a preexisting
• § 3110 — (a) A proceeding under this chapter shall be brought by a petition filed in the superior court.
• § 3111 — (a) Except as provided in subdivision (b), any of the following persons may file, or join in, a petition under this chapter: (1) Either spouse, whether or not the spouse has legal capacity.
• § 3112 — (a) If a petitioning spouse is one whose legal capacity for the proposed transaction is to be determined in the proceeding, the court may do any of the following: (1) Permit the spouse to appear witho
• § 3113 — A proceeding may be brought under this chapter by the conservator of a spouse, or by a spouse having legal capacity for the proposed transaction, without the necessity of appointing a conservator for
• § 3120 — (a) Several proposed transactions may be included in one petition and proceeding under this chapter.
• § 3121 — The petition shall set forth all of the following information: (a) The name, age, and residence of each spouse.
• § 3122 — If the proceeding is brought for a court order authorizing a proposed transaction, the petition shall set forth, in addition to the information required by Section 3121, all of the following: (a) An a
• § 3123 — If the proceeding is brought for a court order declaring that one or both spouses has legal capacity for a proposed transaction, the petition shall set forth, in addition to the information required b
• § 3130 — (a) Except as provided in subdivision (b), upon the filing of the petition, the clerk shall issue a citation to each nonpetitioning spouse alleged to lack legal capacity for the proposed transaction,
• § 3131 — (a) At least 15 days before the hearing on the petition, the petitioner shall cause a notice of the time and place of the hearing and a copy of the petition to be served upon any nonpetitioning spouse
• § 3140 — (a) A conservator served pursuant to this article shall, and the Director of State Hospitals or the Director of Developmental Services given notice pursuant to Section 1461 may, appear at the hearing
• § 3141 — (a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the spouse shall be produced at the hearing unless unable to attend the hearing.
• § 3142 — (a) If a spouse is alleged to lack legal capacity for the proposed transaction and has no conservator, the court, before commencement of the hearing on the merits, shall inform the spouse of all of th
• § 3143 — (a) If the petition requests that the court make an order declaring a spouse to have legal capacity for the proposed transaction and the court determines that the spouse has legal capacity for the pro
• § 3144 — (a) The court may authorize the proposed transaction if the court determines all of the following: (1) The property that is the subject of the proposed transaction is community property of the spouses
• § 3145 — A court determination pursuant to this chapter that a spouse lacks legal capacity for the proposed transaction affects the legal capacity of the spouse for that transaction alone and has no effect on
• § 3150 — (a) Unless the court for good cause dispenses with the bond, the court shall require the petitioner to give a bond, in the amount fixed by the court, conditioned on the duty of the petitioner to accou
• § 3151 — (a) The petitioner shall, upon receipt of the consideration therefor, execute, acknowledge, and deliver any necessary instruments or documents as directed by the court, setting forth therein that they
• § 3152 — A sale, conveyance, assignment, transfer, exchange, encumbrance, security interest, mortgage, deed of trust, lease, dedication, release, or relinquishment, and any instrument or document, made pursuan
• § 3153 — Notes, encumbrances, security interests, mortgages, leases, or deeds of trust, executed as provided in this chapter by a petitioning conservator create no personal liability against the conservator so
• § 3154 — (a) If any party to the transaction, other than the petitioner, does not consummate a transaction authorized by the court, the court, on application of the petitioner, after such notice to the parties
• § 32 — “Devise,” when used as a noun, means a disposition of real or personal property by will, and, when used as a verb, means to dispose of real or personal property by will.
• § 3200 — As used in this part: (a) “Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a patient’s physical or mental condition.
• § 3201 — (a) A petition may be filed to determine that a patient has the capacity to make a health care decision concerning an existing or continuing condition.
• § 3202 — The petition may be filed in the superior court of any of the following counties: (a) The county in which the patient resides.
• § 3203 — A petition may be filed by any of the following: (a) The patient.
• § 3204 — The petition shall state, or set forth by a medical declaration attached to the petition, all of the following known to the petitioner at the time the petition is filed: (a) The condition of the patie
• § 3205 — Upon the filing of the petition, the court shall determine the name of the attorney the patient has retained to represent the patient in the proceeding under this part or the name of the attorney the
• § 3206 — (a) Not less than 15 days before the hearing, notice of the time and place of the hearing and a copy of the petition shall be personally served on the patient, the patient’s attorney, and the agent un
• § 3207 — Notwithstanding Section 3206, the matter presented by the petition may be submitted for the determination of the court upon proper and sufficient medical declarations if the attorney for the petitione
• § 3208 — (a) Except as provided in subdivision (b), the court may make an order authorizing the recommended health care for the patient and designating a person to give consent to the recommended health care o
• § 3208.5 — In a proceeding under this part: (a) Where the patient has the capacity to consent to the recommended health care, the court shall so find in its order.
• § 3209 — The court in which the petition is filed has continuing jurisdiction to revoke or modify an order made under this part upon a petition filed, noticed, and heard in the same manner as an original petit
• § 3210 — (a) This part is supplemental and alternative to other procedures or methods for obtaining consent to health care or making health care decisions, and is permissive and cumulative for the relief to wh
• § 3211 — (a) No person may be placed in a mental health treatment facility under the provisions of this part.
• § 3212 — Nothing in this part shall be construed to supersede or impair the right of any individual to choose treatment by spiritual means in lieu of medical treatment, nor shall any individual choosing treatm
• § 330 — (a) Except as provided in subdivision (b), a public administrator, government official, law enforcement agency, the hospital or institution in which a decedent died, or the decedent’s employer, may, w
• § 3300 — A parent who receives any money or property belonging to a minor under any provision of this part shall account to the minor for the money or other property when the minor reaches the age of majority.
• § 3303 — Nothing in this part limits the provisions of the California Uniform Transfers to Minors Act, Part 9 (commencing with Section 3900).
• § 331 — (a) This section applies only to a safe deposit box in a financial institution held by the decedent in the decedent’s sole name, or held by the decedent and others where all are deceased.
• § 34 — (a) “Devisee” means any person designated in a will to receive a devise.
• § 3400 — (a) As used in this article, “total estate of the minor” includes both the money and other property belonging to the minor and the money and other property belonging to the guardianship estate, if any
• § 3401 — (a) Where a minor does not have a guardian of the estate, money or other property belonging to the minor may be paid or delivered to a parent of the minor entitled to the custody of the minor to be he
• § 3402 — The written receipt of the parent giving the written assurance under Section 3401 shall be an acquittance of the person making the payment of money or delivery of other property pursuant to this artic
• § 3410 — (a) This article applies to both of the following cases: (1) Where the minor has a guardian of the estate and the sole asset of the guardianship estate is money.
• § 3411 — (a) A parent of a minor entitled to custody of the minor, the guardian of the estate of the minor, or the person holding the money belonging to the minor may file a petition requesting that the court
• § 3412 — If the minor has a guardian of the estate and the sole asset of the guardianship estate is money, the court may order that the guardianship of the estate be terminated and, if the court so orders, the
• § 3413 — If the minor has no guardian of the estate and there is money belonging to the minor, the court may order that a guardian of the estate be appointed and that the money be paid to the guardian or the c
• § 350 — This part may be cited as the Fiduciaries’ Wartime Substitution Law.
• § 3500 — (a) When a minor has a disputed claim for damages, money, or other property and does not have a guardian of the estate, the following persons have the right to compromise, or to execute a covenant not
• § 3505 — The court shall schedule a hearing on a petition for compromise of a minor’s disputed claim pursuant to Section 3500 within 30 days from the date of filing.
• § 351 — Unless the provision or context otherwise requires, the definitions in this article govern the construction of this part.
• § 352 — “Consultant” means a person, other than a trustee, designated in a trust to advise or direct the trustee concerning the trust, or whose consent or approval is required for a purchase, sale, exchange,
• § 353 — “Estate” means a trust estate, a decedent’s estate, a guardianship or conservatorship estate, or other property that is the subject of a donative transfer.
• § 354 — “Interested person” means, in addition to the meaning given that term in Section 48, a person having a property right in or claim against a guardianship or conservatorship estate or other estate that
• § 355 — “Original fiduciary” means a fiduciary who is replaced by a substitute fiduciary or who makes a delegation of power under this part.
• § 356 — A fiduciary or consultant is engaged in war service for the purpose of this part in each of the following cases: (a) Where the person is a member of the armed forces of the United States or like force
• § 36 — “Dissolution of marriage” includes divorce.
• § 360 — This part applies to all fiduciaries and consultants, whether appointed or acting before, on, or after July 1, 1989.
• § 3600 — This chapter applies whenever both of the following conditions exist: (a) A court (1) approves a compromise of, or the execution of a covenant not to sue on or a covenant not to enforce judgment on, a
• § 3601 — (a) The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that reasonable expenses, medical or otherwis
• § 3602 — (a) If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all
• § 3603 — Where reference is made in this chapter to a “person with a disability,” the reference shall be deemed to include the following: (a) A person for whom a conservator may be appointed.
• § 3604 — (a) (1) If a court makes an order under Section 3602 or 3611 that money of a minor or person with a disability be paid to a special needs trust, the terms of the trust shall be reviewed and approved b
• § 3605 — (a) This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993.
• § 361 — This part does not apply to the extent an otherwise valid provision in an instrument provides a different or contrary rule or is otherwise inconsistent with this part.
• § 3610 — When money or other property is to be paid or delivered for the benefit of a minor or person with a disability under a compromise, covenant, order or judgment, and there is no guardianship of the esta
• § 3611 — In any case described in Section 3610, the court making the order or giving the judgment referred to in Section 3600 shall, upon application of counsel for the minor or person with a disability, order
• § 3612 — (a) Notwithstanding any other provision of law and except to the extent the court orders otherwise, the court making the order under Section 3611 shall have continuing jurisdiction of the money and ot
• § 3613 — Notwithstanding any other provision of this chapter, a court may not make an order or give a judgment pursuant to Section 3600, 3601, 3602, 3610, or 3611 with respect to an adult who has the capacity
• § 365 — Proceedings under this part are in the court having jurisdiction over the estate or, if none, any court in which jurisdiction of the estate is proper.
• § 366 — Notice of a hearing under this part shall be delivered pursuant to Section 1215 at least 15 days before the hearing to each fiduciary and consultant, and to the following persons: (a) In the case of a
• § 37 — (a) “Domestic partner” means one of two persons who have filed a Declaration of Domestic Partnership with the Secretary of State pursuant to Division 2.
• § 370 — If a fiduciary is engaged in war service, on petition of the fiduciary, a cofiduciary, or an interested person, the court may do any one or more of the following: (a) Appoint a substitute fiduciary.
• § 3700 — As used in this chapter: (a) “Absentee” is defined in Section 1403.
• § 3701 — Upon petition as provided in this chapter, the court may set aside to the family of an absentee personal property of the absentee situated in this state for the purpose of managing, controlling, encum
• § 3702 — A petition that personal property of an absentee be set aside as provided in this chapter may be filed by any of the following persons: (a) A person in whose favor the personal property of the absente
• § 3703 — (a) The petition shall contain all of the following: (1) A statement that the petition is filed under this chapter.
• § 3704 — (a) Notice of the nature of the proceedings and the time and place of the hearing shall be given by the petitioner at least 15 days before the hearing date by all of the following means: (1) By delive
• § 3705 — (a) Upon the hearing of the petition, any officer or agency of this state or the United States or the authorized delegate of the officer or agency, or any relative or friend of the absentee, may appea
• § 3706 — A determination by the court that the value of all of the absentee’s property, wherever situated, exceeds twenty thousand dollars ($20,000) or that the absentee owns or has an interest in real propert
• § 3707 — For the purposes of this chapter, any property or interest therein or lien thereon that the absentee holds as joint tenant shall be included in determining the property of the absentee and its value.
• § 3708 — (a) Within six months after the absentee has returned to the controllable jurisdiction of the military department or civilian agency or department concerned, or within six months after the determinati
• § 371 — A substitute fiduciary has all the powers, including discretionary powers, that the original fiduciary had, except powers that the court determines are purely personal to the original fiduciary, and i
• § 3710 — The family of an absentee may collect, receive, dispose of, or engage in any transaction relating to the absentee’s personal property situated in this state without any judicial proceeding if all the
• § 3711 — (a) If the conditions set forth in Section 3710 are satisfied, the family of the absentee may have any evidence of interest, indebtedness, or right attributable to the absentee’s personal property tra
• § 3712 — The time within which an absentee may commence an action against any person who executes an affidavit and receives property pursuant to this article commences to run on the earlier of the following da
• § 372 — Except as otherwise ordered by the court, a substitute fiduciary shall give a bond in the manner and to the extent provided by law for the original fiduciary.
• § 3720 — If an absentee executed a power of attorney that expires during the period that occasions absentee status, the power of attorney continues in full force and effect until 30 days after the absentee sta
• § 3721 — For the purposes of Chapter 5 (commencing with Section 4300) of Part 2 of Division 4.
• § 3722 — If after the absentee executes a power of attorney, the principal’s spouse who is the attorney-in-fact commences a proceeding for dissolution, annulment, or legal separation, or a legal separation is
• § 373 — After the expiration of an original fiduciary’s war service, if the estate has not been closed, the original fiduciary, on petition, is entitled to reinstatement as fiduciary.
• § 374 — A substitute fiduciary or an original fiduciary reinstated under Section 373 is not liable for the acts or omissions of the predecessor fiduciary.
• § 38 — “Family allowance” means an allowance provided for in Chapter 4 (commencing with Section 6540) of Part 3 of Division 6.
• § 380 — (a) A fiduciary who is or will be engaged in war service may delegate the fiduciary’s powers, including discretionary powers, to a fiduciary who is not engaged in war service.
• § 3800 — (a) If a nonresident has a duly appointed, qualified, and acting guardian, conservator, committee, or comparable fiduciary in the place of residence and if no proceeding for guardianship or conservato
• § 3801 — (a) The petition shall be made upon 15 days’ notice, by delivery pursuant to Section 1215, to all of the following persons: (1) The personal representative or other person in whose possession the prop
• § 3802 — (a) The nonresident fiduciary shall produce and file one of the following certificates: (1) A certificate that the fiduciary is entitled, by the laws of the place of appointment of the fiduciary, to t
• § 3803 — (a) Upon the petition, if the court determines that removal of the property will not conflict with any restriction or limitation on the property or impair the right of the nonresident to the property
• § 381 — The right of delegation does not exist to the extent the court determines that powers to be delegated are purely personal to the original fiduciary.
• § 382 — After the expiration of the original fiduciary’s war service, the court may, on petition of the original fiduciary, authorize the original fiduciary to resume the exercise of the fiduciary functions,
• § 383 — The original fiduciary is not liable for the acts or omissions of the delegate.
• § 385 — (a) A consultant who is or will be engaged in war service may delegate the powers of the consultant, including discretionary powers, to a coconsultant who is not engaged in war service, or to the trus
• § 386 — If a consultant who is engaged in war service does not delegate the consultant’s powers, the court, on petition of the trustee or an interested person, may do either of the following: (a) Suspend the
• § 387 — If a consultant has delegated or the court has suspended the powers of the consultant, the court may, on petition by the consultant within six months following the expiration of the period of the cons
• § 388 — A consultant who delegates powers under this article is not liable for the acts or omissions of the delegate.
• § 39 — “Fiduciary” means personal representative, trustee, guardian, conservator, attorney-in-fact under a power of attorney, custodian under the California Uniform Transfer To Minors Act (Part 9 (commencing
• § 3900 — This part may be cited as the “California Uniform Transfers to Minors Act.
• § 3901 — In this part: (a) “Adult” means an individual who has attained the age of 18 years.
• § 3902 — (a) This part applies to a transfer that refers to this part in the designation under subdivision (a) of Section 3909 by which the transfer is made if at the time of the transfer, the transferor, the
• § 3903 — (a) A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficia
• § 3904 — A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to Section 3909.
• § 3905 — (a) A personal representative or trustee may make an irrevocable transfer pursuant to Section 3909 to a custodian for the benefit of a minor as authorized in the governing will or trust.
• § 3906 — (a) Subject to subdivision (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to Section 3909
• § 3907 — (a) Subject to subdivisions (b) and (c), a person not subject to Section 3905 or 3906 who holds property of, or owes a liquidated debt to, a minor not having a conservator may make an irrevocable tran
• § 3908 — A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this part.
• § 3909 — (a) Custodial property is created and a transfer is made whenever any of the following occurs: (1) An uncertificated security or a certificated security in registered form is either: (A) Registered in
• § 3910 — A transfer may be made only for one minor, and only one person may be the custodian.
• § 3911 — (a) The validity of a transfer made in a manner prescribed in this part is not affected by any of the following: (1) Failure of the transferor to comply with subdivision (c) of Section 3909.
• § 3912 — (a) A custodian shall do all of the following: (1) Take control of custodial property.
• § 3913 — (a) A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercis
• § 3914 — (a) A custodian may deliver or pay to the minor or expend for the minor’s benefit as much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without c
• § 3915 — (a) A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian’s duties.
• § 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 custodia
• § 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 d
• § 3918 — (a) A person nominated under Section 3903 or designated under Section 3909 as custodian may decline to serve by delivering a valid disclaimer under Part 8 (commencing with Section 260) of Division 2 t
• § 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 representativ
• § 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 unle
• § 3920.5 — (a) Subject to the requirements and limitations of this section, the time for transfer to the minor of custodial property transferred under or pursuant to Section 3903, 3904, 3905, or 3906, may be del
• § 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 su
• § 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 und
• § 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.
• § 3925 — This part shall not be construed as providing an exclusive method for making gifts or other transfers to minors.
• § 4 — Division, part, chapter, article, and section headings do not in any manner affect the scope, meaning, or intent of the provisions of this code.
• § 40 — “Financial institution” means a state or national bank, state or federal savings and loan association or credit union, or like organization.
• § 400 — (a) The Controller shall appoint at least one person in each county to act as a probate referee for the county.
• § 4000 — This division may be cited as the Power of Attorney Law.
• § 4001 — Sections 4124, 4125, 4126, 4127, 4206, 4304, and 4305 may be cited as the Uniform Durable Power of Attorney Act.
• § 401 — (a) Appointment shall be from among persons passing a qualification examination.
• § 4010 — Unless the provision or context otherwise requires, the definitions in this chapter govern the construction of this division.
• § 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 ter
• § 4018 — “Durable power of attorney” means a power of attorney that satisfies the requirements for durability provided in Section 4124.
• § 402 — (a) The qualification examination for applicants for appointment to act as a probate referee shall be held at times and places within the state determined by the Controller.
• § 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.
• § 4026 — “Principal” means a natural person who executes a power of attorney.
• § 403 — (a) The term of office of a probate referee is four years, expiring June 30.
• § 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 n
• § 4034 — “Third person” means any person other than the principal or attorney-in-fact.
• § 404 — (a) The Controller shall establish and may amend standards of training, performance, and ethics of probate referees.
• § 405 — Notwithstanding Section 404, the Controller may, at the Controller’s pleasure, revoke the appointment of a person to act as a probate referee.
• § 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.
• § 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
• § 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 s
• § 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 sa
• § 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
• § 406 — (a) The authority of a person to act as a probate referee ceases immediately upon expiration of the person’s term of office, revocation of the person’s appointment, or other termination pursuant to la
• § 407 — (a) As used in this section, “prohibited political activity” means directly or indirectly soliciting, receiving, or contributing, or being in any manner involved in soliciting, receiving, or contribut
• § 408 — The appointment of a probate referee by the Controller before July 1, 1989, is not invalidated by the repeal of the law under which the appointment was made.
• § 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).
• § 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 ru
• § 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 satisfie
• § 4120 — A natural person having the capacity to contract may execute a power of attorney.
• § 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.
• § 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.
• § 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
• § 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)
• § 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 an
• § 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
• § 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.
• § 4128 — (a) Subject to subdivision (b), a printed form of a durable power of attorney that is sold or otherwise distributed in this state for use by a person who does not have the advice of legal counsel shal
• § 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 specifie
• § 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.
• § 4150 — (a) A principal may modify a power of attorney as follows: (1) In accordance with the terms of the power of attorney.
• § 4151 — (a) A principal may revoke a power of attorney as follows: (1) In accordance with the terms of the power of attorney.
• § 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.
• § 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.
• § 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
• § 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.
• § 42 — “General personal representative” is defined in subdivision (b) of Section 58.
• § 4200 — Only a person having the capacity to contract is qualified to act as an attorney-in-fact.
• § 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
• § 4202 — (a) A principal may designate more than one attorney-in-fact in one or more powers of attorney.
• § 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.
• § 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 att
• § 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.
• § 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 manage
• § 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.
• § 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 o
• § 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 pro
• § 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 depreciatio
• § 4232 — (a) An attorney-in-fact has a duty to act solely in the interest of the principal and to avoid conflicts of interest.
• § 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.