Power of attorney in California: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in California, from California law.

Checked against official sources: October 31, 2026.

Short answer

Power of Attorney Law; Uniform Statutory Form Power of Attorney Act

Official form: Uniform Statutory Form Power of Attorney
How to sign: Notarized or signed by two adult witnesses
Durable unless it says otherwise?: No: it continues after incapacity only if it says so.
Uniform Power of Attorney Act: No

Words used in California

In California you name an attorney-in-fact (agent) for money and property in a power of attorney, and a health care agent in an advance health care directive. If an adult cannot manage and has no documents, a court can appoint a conservator, but only if less restrictive options will not work.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Durable power of attorney; Uniform Statutory Form Power of Attorney
The person you choose: Attorney-in-fact (agent)
Health care: Advance health care directive, which can include a power of attorney for health care
Treatment wishes: Individual health care instructions
Court-appointed decision-maker: Conservatorship (conservator of the person, conservator of the estate, limited conservatorship); 'guardianship' is used for children

Law and official form

Law: Power of Attorney Law; Uniform Statutory Form Power of Attorney Act
Uniform Power of Attorney Act: No
Official form: Uniform Statutory Form Power of Attorney (Probate Code 4401)Published by San Mateo County Law Library
You do not have to use it.
You do not have to use this form; any power of attorney that meets the signing rules is valid. If you use the statutory form, your signature must be acknowledged before a notary public. The form does not cover medical or health care decisions.

Law: Cal. Prob. Code §§ 4000, 4400; Cal. Prob. Code §§ 4401, 4402, 4408

Signing rules

How to sign

A power of attorney must be dated and signed. It must be either acknowledged before a notary public or signed by two adult witnesses. The statutory form must be notarized.

Who signs

Signed by you, or in your name by another adult in your presence and at your direction. It must show the date you signed it.

Notary

A notary or witnesses (your choice)

Witnesses

2 (instead of a notary)

Who cannot witness

Witnesses must be adults. Your agent (attorney-in-fact) cannot be a witness. Each witness must see you sign, or see you acknowledge your signature or the document.

Agent's acknowledgment

Printed durable power of attorney forms sold or handed out in California for use without a lawyer must include a notice for the agent to sign, saying they understand their legal duties. This rule does not apply to the statutory form.

Electronic signing

The Power of Attorney Law has no special rule for electronic financial powers of attorney. California's Online Notarization Act lets a notary notarize an electronic record online only after registering with the Secretary of State and after the Secretary of State completes its online notarization system, which the law requires by January 1, 2030.

Law: Gov. Code 8231-8231.20, SB 696, effective January 1, 2024

Law: Cal. Prob. Code §§ 4121, 4122, 4128, 4402(c)

Durable and springing

Is it durable?

A power of attorney keeps working after you lose capacity only if it says so, for example 'This power of attorney shall not be affected by subsequent incapacity of the principal.' A power of attorney without such words ends if you become unable to contract.

Law: Prob. Code 4124, 4155

Durable unless it says otherwise?

No: it continues after incapacity only if it says so.

Starting later (springing)

A power of attorney can start at a future time or event, such as your incapacity. You can name one or more people who decide, by a written declaration under penalty of perjury, that the event has happened.

Law: Prob. Code 4030, 4129

What an agent can and cannot do

Needs express permission

Create, change, revoke or end a trust
Put your property into a trust someone else created
Make or revoke a gift of your property
Turn down or reduce your share of an estate, trust or other fund
Create or change survivorship interests in property
Name or change beneficiaries who receive property when you die
Make a loan to the agent

No power of attorney can

No power of attorney can let the agent make, change or revoke your will. A financial power of attorney does not give health care authority; that is done in an advance health care directive.

Law: Prob. Code 4265

Law: Cal. Prob. Code § 4264

Agent duties, pay and court review

Agent duties

Act only in your interest and avoid conflicts of interest
Use the care a prudent person would use with someone else's property
Keep your property separate from their own
Keep in regular contact with you and follow your instructions when reasonably practicable
Keep records of all transactions and give an account when you ask (and in other listed cases)
Hand over your property and records when their authority ends

Agent pay

The agent is entitled to reasonable pay and to be repaid reasonable expenses, unless the power of attorney says otherwise.

Law: Prob. Code 4204

Asking a court to review an agent

You, the agent, your spouse or a relative, a conservator, the court investigator, the public guardian and other interested persons can ask the probate court to decide whether the power of attorney is in effect, review the agent's acts, or order an accounting if the agent has not given one within 60 days of a written request.

Law: Prob. Code 4540, 4541

Law: Cal. Prob. Code §§ 4231, 4232, 4233, 4234, 4236, 4238

When it ends and how to revoke it

How to revoke a power of attorney in California

Official forms in California

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

Uniform Statutory Form Power of Attorney (Probate Code 4401) · Published by San Mateo County Law Library

Health care directive

Advance Health Care Directive (Probate Code 4701) · Published by California Office of the Attorney General · Version: Fillable PDF dated September 2022

Guardianship / conservatorship

Good to know in California

A financial power of attorney is not durable in California unless it says it continues after incapacity.
Law: Prob. Code 4124
Since January 1, 2023, if you lack capacity and have no agent, conservator or named surrogate, a health care provider can choose a surrogate from your family or close friends. You can also name a surrogate just by telling your doctor; that lasts for the current illness or stay, or 60 days, whichever is shorter.
Law: Prob. Code 4712, AB 2338; Prob. Code 4711
Since January 1, 2024, the statutory directive form covers mental health care, and you can make a standalone psychiatric advance directive.
Law: Prob. Code 4617, 4679, 4701, AB 1029
Registering a directive with the Secretary of State is voluntary; an unregistered directive is still valid.
Law: Prob. Code 4803

Changes in 2024–2026

AB 1029, effective January 1, 2024: health care decisions and the statutory advance health care directive form now cover mental health care, and Probate Code 4679 recognizes standalone psychiatric advance directives. SB 696, effective January 1, 2024: Online Notarization Act; online notarization starts only after notary registration and the Secretary of State's system (due by January 1, 2030). SB 1106, effective January 1, 2025, amended conservatorship sections 2352, 2361 and 2700. No 2024-2026 amendments to the Power of Attorney Law, the advance directive execution sections (4670-4701) or the supported decisionmaking law.

Law: Stats. 2023, ch. 171; Stats. 2023, ch. 291; Gov. Code 8231 and following; Stats. 2024, ch. 455; Probate Code 4000-4545; Welf. & Inst. Code 21000-21008

Free help in California

Report abuse or exploitation

County Adult Protective Services (California Department of Social Services) · 1-833-401-0832

Questions about powers of attorney in California

What is a power of attorney called in California?

Durable power of attorney; Uniform Statutory Form Power of Attorney. In California you name an attorney-in-fact (agent) for money and property in a power of attorney, and a health care agent in an advance health care directive. If an adult cannot manage and has no documents, a court can appoint a conservator, but only if less restrictive options will not work.

Does a power of attorney have to be notarized in California?