A California statutory durable power of attorney is a legal document executed by a principal for the purposes of granting certain financial powers to an appointed agent. The agent chosen by the principal is often someone personally close to them, such as a friend or relative, to ensure their finances are in trusted hands. The principal is able to assign specific financial powers to the agent or give them an all-encompassing power over their affairs. What makes this form “durable” is the fact that it does not terminate in the event of the principal’s incapacitation.

Agent’s Duties – § 4230-4238

Laws – Probate Code, Division 4.5 (Powers of Attorney)

Signing Requirements (§ 4121) – Notary Public or Two (2) Witnesses

Statutory Form – § 4450

State Definition

Statute – § 4018

“Durable power of attorney” means a power of attorney that satisfies the requirements for durability provided in Section 4124.