Basics of California Powers of Attorney - The Law Offices of Andy I. Chen

My video on common questions I see on the basics of Power of Attorney documents in California.

California Probate Code section 4123
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 to one or more express subjects or purposes. The
attorney-in-fact may be granted authority with regard to the
principal's property, personal care, or any other matter.
(b) With regard to property matters, a power of attorney may grant authority to make decisions concerning all or part of the principal's real and personal property, whether owned by the principal at the time of the execution of the power of attorney or thereafter acquired or whether located in this state or elsewhere, without the need for a description of each item or parcel of property.
(c) With regard to personal care, a power of attorney may grant
authority to make decisions relating to the personal care of the
principal, including, but not limited to, determining where the
principal will live, providing meals, hiring household employees,
providing transportation, handling mail, and arranging recreation and entertainment.

California Probate Code section 4121(c)
The power of attorney is either (1) acknowledged before a
notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122.

California Probate Code section 4122
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.
(b) The attorney-in-fact may not act as a witness.
(c) Each witness signing the power of attorney shall witness
either the signing of the instrument by the principal or the
principal's acknowledgment of the signature or the power of attorney.

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The Law Offices of Andy I. Chen (Los Altos, CA | Modesto, CA)

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