Free California Durable Power of Attorney Form

What Is an Attorney-in-Fact?

There is another term that you need to know before signing a durable power of attorney form. The person you appoint to act on your behalf in your power of attorney form would be called an “agent” or “attorney-in-fact” in the document. The two terms mean the same person and are used interchangeably throughout this guide and in the form itself.

There are several reasons to sign a durable power of attorney and name an agent. Having one in place means your family can manage your financial affairs without going to court if you become incapacitated. Without a signed power of attorney, a family in that position may instead have to ask the court for a conservatorship, a court-supervised arrangement in which a judge appoints someone to manage the incapacitated person’s affairs. A conservatorship can involve ongoing court oversight, hearings, and legal costs that a power of attorney avoids.

Choose an agent you trust completely, ideally someone who is also a beneficiary under your will.

Before you sign, decide three things. Thinking this through in advance makes completing the form faster and reduces the chance you will need to redo it later.

• What specific powers you want to grant.
• When the power of attorney should take effect.
• Who you want to name as your attorney-in-fact.

California Signing Requirements and Laws

Under Cal. Prob. Code § 4121, a valid California power of attorney must meet several formal requirements. The document must state the date it was signed, and it must be signed either by the principal or by another adult who signs in the principal’s name, in the principal’s presence and at the principal’s direction.

• The power of attorney states the date it was signed.^[1]
• The principal has signed it, or another adult has signed it in the principal’s name, in the principal’s presence and at the principal’s direction.^[1]
• The power of attorney is acknowledged before a notary public, or signed by at least two witnesses who meet the state’s witness requirements.^[1]

None of the witnesses may be the attorney-in-fact, and all witnesses must be adults.

To make the power of attorney durable, state in the document that it will not be affected by your incapacity.^[2] You can instead make it a springing power of attorney, which becomes effective only once you become incapacitated, using the same section’s model language.^[2] If the document does not include either statement, it takes effect immediately when you sign it.

Categories

Always think in advance what kind of powers you want to delegate to your attorney-in-fact, since these are the same categories you will initial on the form itself. These are just some of the examples of the categories of transactions that they can take care of for you:

• Real property (buying, selling, or managing real estate)
• Personal property (vehicles, household goods, and other belongings)
• Stock and other investment accounts
• Banking transactions, such as deposits, withdrawals, and bill payments
• Insurance policies and claims
• Government, retirement, or other benefits you receive
• Tax matters, including filing returns on your behalf

California Durable Power of Attorney Form Details

How to Complete Each Part of the Form

The California durable power of attorney form has seven parts to fill out, from naming your agent to signing before a notary public. Use FormsPal’s document builder above to complete every part automatically, or follow the steps below to fill out the downloaded PDF by hand. Each step names the page of the form where you will find it.

This particular form includes a notary acknowledgment but no separate signature lines for two witnesses. If you plan to sign before witnesses instead of a notary, attach a separate witness attestation that meets the state’s witness requirements. Keep it with the signed form, since a financial institution may ask to see it before honoring the document.

1. Name yourself and your agent (page 1). Enter your name and address, then your agent’s name and address, in the opening paragraph. The form also lets you name more than one agent if you want them to share the role.
2. Initial the powers you want to grant (page 1). Initial one line to grant all listed powers, or initial only the specific powers you want your agent to have. Granting fewer powers limits what your agent can do on your behalf, so initial only the categories you actually want them to handle.
3. Add special instructions (page 2). Review the printed instructions on health information access, retirement benefits, and digital assets, so your agent can view medical billing records, manage retirement account distributions, or access your online accounts, and add any instructions of your own.
4. Choose the effective date (page 3). Initial one of three options: the power of attorney takes effect immediately, on a stated date, or only once you become incapacitated. Choosing immediate effect lets your agent help manage your affairs right away, even before any incapacity, such as while you are traveling. Choosing the incapacity option means your agent has no authority until that condition is met.
5. Name a successor agent (page 4). Enter a successor’s name and address in case your first agent cannot serve. Naming a successor matters because your first agent’s authority ends automatically if that person becomes incapacitated, resigns, or dies.
6. Sign and date the form (page 4). Enter the day, month, and year, then sign and print your name.
7. Sign before a notary public (page 5). A notary public completes the acknowledgment, including the county and date, to make the document valid. Once notarized, give copies to your agent, your successor agent, and any financial institution that needs to honor it.

Other California Forms
More popular California forms readily available for download here and can be customized in our simple document constructor.

• California Last Will
• California Living Will
• California Small Estate Affidavit
• California Bill of Sale
• California Rental Lease Agreement
• California Eviction Notice

Revocation and Termination

California law sets specific ways a power of attorney can be revoked and specific events that end an agent’s authority automatically.^[4] The principal can revoke it at any time in the way the document itself allows, and a revocation in writing cannot be limited by anything the document says.^[3] Termination is different from revocation: it happens automatically, without the principal needing to do anything, whenever one of the following events occurs.

• The attorney-in-fact becomes incapacitated. A temporary incapacity only pauses the agent’s authority for as long as it lasts, which is why naming a successor agent on the form is worth doing.^[4]
• The attorney-in-fact and the principal divorce or have their marriage annulled.^[4]
• The purpose of the power of attorney is fulfilled, or its subject no longer exists.^[4]
• The attorney-in-fact is removed, resigns, or dies.^[4]
• The principal revokes the attorney-in-fact’s authority.^[4]
• The principal dies, except for specific authority the law allows an agent to exercise after death.^[4]

An attorney-in-fact or another person who has not been told about a revocation or another terminating event is protected from liability if they continue to act in good faith under the power of attorney.^[3][4]

Download a Free California Durable Power of Attorney Form

Download the California durable power of attorney form below as a free PDF, or use FormsPal’s online builder above to create and print a personalized version in minutes. The downloadable form is the same document referenced throughout this guide. The online builder walks you through the same sections as the PDF, prompts you for any missing information, and lets you save your progress and finish later on any device or browser session.

Create a free high quality California Durable Power of Attorney online now!

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This page is general information about California durable powers of attorney, not legal advice. For advice about your situation, talk to a California attorney.

Sources

Unless noted otherwise, the sources below are from the California Probate Code, published by the California Legislative Information.

1. California Legislative Information. California Probate Code § 4121.
2. California Legislative Information. California Probate Code § 4124.
3. California Legislative Information. California Probate Code § 4151.
4. California Legislative Information. California Probate Code § 4152.