State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 4050-4054

PROBATE CODE
SECTION 4050-4054



4050.  (a) This division applies to the following:
   (1) Durable powers of attorney, other than powers of attorney for
health care governed by Division 4.7 (commencing with Section 4600).
   (2) Statutory form powers of attorney under Part 3 (commencing
with Section 4400).
   (3) Any other power of attorney that incorporates or refers to
this division or the provisions of this division.
   (b) This division does not apply to the following:
   (1) A power of attorney to the extent that the authority of the
attorney-in-fact is coupled with an interest in the subject of the
power of attorney.
   (2) Reciprocal or interinsurance exchanges and their contracts,
subscribers, attorneys-in-fact, agents, and representatives.
   (3) A proxy given by an attorney-in-fact to another person to
exercise voting rights.
   (c) This division is not intended to affect the validity of any
instrument or arrangement that is not described in subdivision (a).



4051.  Except where this division provides a specific rule, the
general law of agency, including Article 2 (commencing with Section
2019) of Chapter 2 of Title 6 of, and Title 9 (commencing with
Section 2295) of, Part 4 of Division 3 of the Civil Code, applies to
powers of attorney.



4052.  (a) If a power of attorney provides that the Power of
Attorney Law of this state governs the power of attorney or otherwise
indicates the principal's intention that the Power of Attorney Law
of this state governs the power of attorney, this division governs
the power of attorney and applies to acts and transactions of the
attorney-in-fact in this state or outside this state where any of the
following conditions is satisfied:
   (1) The principal or attorney-in-fact was domiciled in this state
when the principal executed the power of attorney.
   (2) The authority conferred on the attorney-in-fact relates to
property, acts, or transactions in this state.
   (3) The acts or transactions of the attorney-in-fact occurred or
were intended to occur in this state.
   (4) The principal executed the power of attorney in this state.
   (5) There is otherwise a reasonable relationship between this
state and the subject matter of the power of attorney.
   (b) If subdivision (a) does not apply to the power of attorney,
this division governs the power of attorney and applies to the acts
and transactions of the attorney-in-fact in this state where either
of the following conditions is satisfied:
   (1) The principal was domiciled in this state when the principal
executed the power of attorney.
   (2) The principal executed the power of attorney in this state.
   (c) A power of attorney described in this section remains subject
to this division despite a change in domicile of the principal or the
attorney-in-fact, or the removal from this state of property that
was the subject of the power of attorney.



4053.  A durable power of attorney executed in another state or
jurisdiction in compliance with the law of that state or jurisdiction
or the law of this state is valid and enforceable in this state to
the same extent as a durable power of attorney executed in this
state, regardless of whether the principal is a domiciliary of this
state.



4054.  Except as otherwise provided by statute:
   (a) On and after January 1, 1995, this division applies to all
powers of attorney regardless of whether they were executed before,
on, or after January 1, 1995.
   (b) This division applies to all proceedings concerning powers of
attorney commenced on or after January 1, 1995.
   (c) This division applies to all proceedings concerning powers of
attorney commenced before January 1, 1995, unless the court
determines that application of a particular provision of this
division would substantially interfere with the effective conduct of
the proceedings or the rights of the parties and other interested
persons, in which case the particular provision of this division does
not apply and prior law applies.
   (d) Nothing in this division affects the validity of a power of
attorney executed before January 1, 1995, that was valid under prior
law.