California Limited Power of Attorney Form

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A California limited power of attorney is a written document in which you, the principal, name an agent to act for you for set purposes only. The agent is also called an attorney-in-fact. You can fill out the free three-page California limited power of attorney form online with FormsPal, or download the PDF, then print and sign it.

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What a California Limited Power of Attorney Covers

A limited power of attorney lets your agent act only for the purposes you write on the form. The form states that the powers pertain solely to those limited purposes. You choose the task, when the document starts, and how it ends. Many people use one for a single, defined job, such as:

  • Handling one banking or financial matter while you are away.
  • Signing the papers for a particular property sale.
  • Dealing with a specific claim or application.

Describe each purpose in specific terms, so your agent and anyone who sees the document knows what it covers. Some principals also agree in advance on whether the agent will be paid. If you do, you can note it in the special instructions.

Tip: Put the detail on the purpose lines of page 1. A short, specific description keeps the document tied to the task you have in mind.

California Limited Power of Attorney Requirements

Section 4121 of the Cal. Prob. Code sets the signing rules for a California power of attorney. The document must contain its date. It must be signed by the principal or at the principal's direction. It must also be acknowledged before a notary public or signed by at least two witnesses.[1]

  • The power of attorney contains the date of its execution, which is the date it is signed.
  • It is signed either by the principal or in the principal's name by another adult, in the principal's presence and at the principal's direction.
  • It is either acknowledged before a notary public or signed by at least two witnesses who meet the requirements of Section 4122.

The FormsPal template has a notary acknowledgment on page 3 and no witness lines. If you use it, sign in front of a notary public who completes that page.

California Limited Power of Attorney Form Details

Document Name California Limited Power of Attorney Form
Other Name California Special Power of Attorney
Relevant Laws Cal. Prob. Code § 4121[1], § 4151[2], § 4152[3]
Avg. Time to Fill Out 8 minutes
# of Fillable Fields 32
Available Formats Adobe PDF

Compare the types of power of attorney in California on our California power of attorney forms page, or browse every power of attorney form on FormsPal.

Filling Out the California Limited Power of Attorney Form

The FormsPal California limited power of attorney template has three pages. Page 1 names you and your agent, lists the purposes, and sets the start date. Page 2 finishes the termination choices, names a successor agent, and holds your signature. Page 3 is the acknowledgment that a notary public or other officer completes.

Download the free printable PDF, or fill it in on screen with the PDF editor.

The screenshots under each step show the FormsPal California limited power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Principal and agent (page 1). Enter your name and address, then the name and address of the person you appoint as your agent (attorney-in-fact), in the opening paragraph.
    California limited power of attorney: CALIFORNIA LIMITED POWER OF ATTORNEY, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Purposes (page 1). Write what the agent may do on the five lines under "limited purpose(s)". The printed notice below them limits the agent to those purposes.
    California limited power of attorney: purpose(s), filled with sample entries
    Step 2: sample entries, not a real document.
  3. Effective date (page 1). Initial one box. Choose an immediate start, or choose a start date and write in the date and year.
    California limited power of attorney: EFFECTIVE DATE, filled with sample entries
    Step 3: sample entries, not a real document.
  4. Termination date (page 1). The options are marked "initial one". Initial the first option if the document should end when you sign a written revocation. The other options continue on page 2.
    California limited power of attorney: TERMINATION DATE, filled with sample entries
    Step 4: sample entries, not a real document.
  5. Other termination options and successor agent (page 2). Initial a different option only if you chose it instead of the first one, either an end date or an end when you are determined to be incapacitated. Then fill in the successor paragraph with the agent's name, and the alternate agent's name and address.
    California limited power of attorney: A WRITTEN REVOCATION, filled with sample entries
    Step 5: sample entries, not a real document.
  6. Date and sign (page 2). Read the paragraph above the date line first. It says a third party who receives a copy may act under it, that a revocation does not bind a third party until it has actual knowledge, and that you agree to indemnify a third party who relies on the document. Then fill in the day, month and year, sign above "(signature)" and print your name.
    California limited power of attorney: Day, Month and more, filled with sample entries
    Step 6: sample entries, not a real document.
  7. Acknowledgment details (page 3). Together with the notary or other officer, fill in the county, the date, the officer's name and title, and your name as the person who appeared.
    California limited power of attorney: STATE OF CALIFORNIA, filled with sample entries
    Step 7: sample entries, not a real document.
  8. Officer signature and seal (page 3). The notary or other officer signs the "Signature" line and adds the seal. This line is the officer's, not yours.
    California limited power of attorney: Signature, filled with sample entries
    Step 8: sample entries, not a real document.

How to Sign and Use the California Limited Power of Attorney

After you fill in the form, review it, sign it, and have a notary public or other officer complete the acknowledgment. Then give your agent a copy and keep the original safe. These steps cover what happens around the form, not the entries on it.

  1. Review the finished form. Check the names, the listed purposes, the start date and your termination choice before you sign.
  2. Sign in front of the notary. Bring a photo ID. The acknowledgment on page 3 says the notary or other officer verifies only the identity of the person who signed, and not the truthfulness, accuracy or validity of the document.
  3. Give your agent a copy. Your agent may need to show it to a bank or another institution when acting for you.
  4. Keep the original safe. Store it where you and your agent can find it, and write down who holds copies.
  5. End it in writing when the job is done. A signed written revocation is the first termination option on the form. Tell your agent and everyone who holds a copy.

When a California Limited Power of Attorney Ends

Section 4152 of the Cal. Prob. Code lists the events that terminate the authority of an agent under a California power of attorney. These are the events tied to you, the document, and your marriage to the agent:[3]

  • You revoke the agent's authority, as provided in Section 4153.
  • You die, except for specific authority that a statute permits to be used after your death.
  • The subject of the power of attorney is extinguished, or its purpose is fulfilled.
  • Your marriage to the agent is dissolved or annulled, as provided in Section 4154.

The termination date section of the form lets you choose how yours ends. You can end it when you sign a written revocation, on a date you write in, or when you are determined to be incapacitated.

The form says a revocation is not effective as to a third party until that party has actual knowledge of it. Tell your agent and every institution that holds a copy as soon as you revoke.

A limited power of attorney is one of several power of attorney forms FormsPal has for California. If your situation does not fit a single, defined task, look at the other forms. Each one has its own page, so you can compare them before you choose.

Frequently Asked Questions

How do I revoke a California limited power of attorney?

Under Section 4151 of the Cal. Prob. Code, a principal may revoke a power of attorney according to the terms of the power of attorney. A principal may also revoke it by a writing, and the power of attorney cannot limit that right.[2] The first termination option on the FormsPal template is a signed written revocation.

What if my agent does not know I revoked the power of attorney?

An agent or other person who does not have notice of the revocation is protected from liability. Chapter 5 of the Probate Code, which starts with Section 4300, provides that protection.[2] The same protection applies to an agent or other person who has no notice of another event that terminates the power of attorney or the agent's authority.[3]

What happens if my agent dies, resigns, or is removed?

The agent's authority terminates on any of these events:

  • The death of the agent.
  • The resignation of the agent.
  • The removal of the agent.
  • The incapacity of the agent. A temporary incapacity only suspends the agent's authority while it lasts.[3]

If you named a successor on page 2, the form appoints that person when the first agent is unable or unwilling to serve.

General information, not legal or tax advice.

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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 § 4151.
  3. California Legislative Information. California Probate Code § 4152.
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.