Before You Sign (Remove This Page)
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Which version. This is the new statutory form enacted by AB 2199 (Chapter 47, Statutes of 2026), in effect from January 1, 2027. Use it if you sign on or after January 1, 2027. If you sign on or before December 31, 2026, use the 2011 form, a separate download on ailawyer.pro/templates/power-of-attorney-form-template-california.
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Money and property only. For medical decisions, use an Advance Health Care Directive (Probate Code § 4701).
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Sign in front of a notary. Without a notary’s acknowledgment, this is not a legally sufficient statutory form (Probate Code § 4402(c)). Bring a valid photo ID. The notary takes your right thumbprint in the notary journal and may charge up to $15 per signature (Gov. Code §§ 8206, 8211).
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Do not change the wording. Fill in the blanks, mark the boxes and initial the lines. Write any limits or extra powers under Special Instructions, or write “None” there. To give your agent power to make gifts, create or change trusts, change beneficiaries or lend money to themselves, you must say so expressly in the Special Instructions (Probate Code §§ 4264, 4465). An agent can never make, amend or revoke your will (§ 4265).
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Real estate. If your agent will sell or mortgage real estate, record the notarized original or a certified copy with the county recorder where the property is before the agent signs a deed (Civ. Code § 1169).
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Copies. Give your agent the original and keep a copy. A copy certified by a California notary or attorney has the same force as the original (Probate Code § 4307).
UNIFORM STATUTORY FORM POWER OF ATTORNEY
(California Probate Code Section 4401)
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-4466). THE POWERS LISTED IN THIS DOCUMENT DO NOT INCLUDE ALL POWERS THAT ARE AVAILABLE UNDER THE PROBATE CODE. ADDITIONAL POWERS AVAILABLE UNDER THE PROBATE CODE MAY BE ADDED BY SPECIFICALLY LISTING THEM UNDER THE SPECIAL INSTRUCTIONS SECTION OF THIS DOCUMENT. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
APPOINTMENT OF AGENT
I, [Your Full Name and Address] (your name and address), appoint:
[Name and Address of Each Agent]
(name and address of the person appointed, or of each person appointed if you want to designate more than one) as my agent (attorney-in-fact) to act for me in any lawful way with respect to the powers granted herein
OPTIONAL APPOINTMENT OF SUCCESSOR AGENT
☐ If any agent OR ☐ If all agents named above are unable or unwilling to act as my agent, I appoint:
[Name and Address of Each Successor Agent]
(name and address of the person appointed, or of each person appointed if you want to designate more than one) as my successor agent(s) to act for me in any lawful way with respect to the powers granted herein.
EXERCISE OF POWER WHERE MORE THAN ONE AGENT DESIGNATED
If I have designated more than one agent, the agents:
☐ may act separately OR ☐ must act jointly
IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE ABLE TO ACT ALONE WITHOUT THE OTHER AGENT(S) JOINING, MARK THE BOX BEFORE THE WORDS “MAY ACT SEPARATELY” ABOVE. IF YOU MARK THE BOX BEFORE THE WORDS “MUST ACT JOINTLY” OR IF YOU FAIL TO MARK EITHER BOX, THEN ALL OF YOUR AGENTS MUST ACT OR SIGN TOGETHER.
GENERAL POWERS GRANTED
TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS.
TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.
TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.
INITIAL
________ (A) Real property transactions
________ (B) Tangible personal property transactions
________ (C) Stock and bond transactions
________ (D) Commodity and option transactions
________ (E) Banking and other financial institution transactions
________ (F) Business operating transactions
________ (G) Insurance and annuity transactions
________ (H) Estate, trust, and other beneficiary transactions
________ (I) Claims and litigation
________ (J) Personal and family maintenance
________ (K) Benefits from social security, Medicare, Medicaid, or other governmental programs, or civil or military service
________ (L) Retirement plan transactions
________ (M) Tax matters
________ (N) All of the powers listed above
YOU NEED NOT INITIAL ANY OTHER LINES ABOVE IF YOU INITIAL LINE (N).
ADDITIONAL POWERS REGARDING DIGITAL ASSETS
TO GRANT ALL OF THE FOLLOWING POWERS REGARDING DIGITAL ASSETS, INITIAL THE LINE IN FRONT OF (Q) AND IGNORE THE LINES IN FRONT OF LINE (O) AND LINE (P).
TO GRANT ONLY ONE OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF THE POWER YOU ARE GRANTING.
TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.
FOR ADDITIONAL INFORMATION ON THESE POWERS, REFER TO SECTION 4466 OF THE PROBATE CODE AND THE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (PART 20 (COMMENCING WITH SECTION 870) OF DIVISION 2 OF THE PROBATE CODE).
IF YOU HAVE PROVIDED OTHER DIRECTIONS REGARDING ACCESS TO DIGITAL ASSETS IN A TERMS-OF-SERVICE AGREEMENT WITH THE CUSTODIAN OR THE ELECTRONIC COMMUNICATIONS SERVICE PROVIDER, THOSE DIRECTIONS MAY SUPERSEDE THESE.
________ (O) Authority over digital assets (which, if only this line is initialed in this section, includes access to a catalogue of electronic communications, but not the content of electronic communications sent or received)
________ (P) Authority over the content of electronic communications sent or received
________ (Q) Both of the powers listed above
YOU NEED NOT INITIAL LINE (O) OR LINE (P) ABOVE IF YOU INITIAL LINE (Q).
SPECIAL INSTRUCTIONS:
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT(S).
____________________________________________
____________________________________________
(Add additional sheets if needed.)
UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
This power of attorney will continue to be effective even though I become incapacitated.
STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME INCAPACITATED.
OPTIONAL NOMINATION OF CONSERVATOR OF MY ESTATE
☐ If I mark this box, I nominate my agent(s) or co-agents, in the order designated in this form, to be appointed as the conservator or co-conservators of my estate if one needs to be appointed for me by a court.
NOTICE TO THIRD PARTIES
Any third party who receives a copy of this document may act under it. A third party may seek identification from my agents to prove their identity. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. This power of attorney is enforceable pursuant to Probate Code Section 4406.
Signed this [Day] day of [Month], 20[Year].
___________________________
(Your signature)
State of [State] County of [County]
BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
[Include certificate of acknowledgment of notary public in compliance with Section 1189 of the Civil Code or other applicable law.]
Attachment A: Notary Acknowledgment
[Your notary may attach their own certificate instead. The notice below must appear in an enclosed box (Civ. Code § 1189(a)(1)).]
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of [County]
On [Date] before me, [Name and Title of the Officer], personally appeared [Name of Signer], who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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.
Signature ___________________________ (Seal)
Attachment B: Optional Special Instructions (Sample Wording)
[Sample wording only. These are not part of the form. To use one, copy it into the Special Instructions section above before you sign, and remove this page.]
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Springing power (Probate Code § 4405): “This power of attorney becomes effective only when [Name(s)] sign(s) a written declaration under penalty of perjury that I am unable to manage my financial affairs. Any person may rely on that declaration.”
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Gifts (§§ 4264(c), 4465): “My agent may make gifts of my property [to my spouse and descendants] [not exceeding $[Amount] per recipient per calendar year].” [Note, delete before signing: allowing the agent to make gifts to themselves carries a risk of financial abuse; talk to a lawyer first.]
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Trusts and beneficiaries (§ 4264(b), (f); funding your own revocable trust is already covered by power (H), § 4458(f)): “My agent may transfer my property to the trustee of [Name of Trust] dated [Date] [and may change beneficiary designations].”
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No compensation (§ 4204): “My agent shall serve without compensation but shall be reimbursed for reasonable expenses.”
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Regular accounting (§ 4236): “My agent shall give an account of all transactions to [Name] every [Period].”
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End date (§ 4127): “This power of attorney ends on [Date].”
Attachment C: Declaration That a Springing Power Has Become Effective (Optional)
[Use only if the Special Instructions make the power of attorney take effect on a future event and name the person who decides that it has occurred (Probate Code § 4405).]
Principal: [Principal’s Full Name]
Date of the power of attorney: [Date]
I am the person designated in the power of attorney to determine whether [describe the event, for example: the principal is unable to manage the principal’s financial affairs] has occurred. I declare that this event occurred on [Date].
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on [Date] at [City, State].
___________________________
[Name of Declarant]
Before You Use It (Remove This Page)
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Real estate. Record the notarized power of attorney with the county recorder of the county where the property is (Civ. Code § 1169). The agent signs deeds with the principal’s name and the agent’s own name as attorney-in-fact (Civ. Code § 1095).
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If a bank refuses. It may ask for identification, specimen signatures and the principal’s addresses (Probate Code § 4302). For this statutory form, a refusal only because it is not on the bank’s own form is unreasonable (§ 4406). If the agent sues, the court must award the agent attorney’s fees if it finds the refusal unreasonable. A bank does not have to open a new account or make a new loan (§ 4310).
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Agent’s duties. Act only in the principal’s interest, keep the principal’s property separate and identifiable, stay in contact with the principal, and keep records of every transaction (§§ 4232–4236).
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To revoke. Sign a written revocation, give it to the agent and to every institution that has a copy, and, if the power of attorney was recorded, record the revocation in the same county office (§ 4151; Civ. Code § 1216).
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This is not legal advice. The powers are broad. Talk to a California attorney if anything is unclear.
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