State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 4100-4102

PROBATE CODE
SECTION 4100-4102



4100.  This part applies to all powers of attorney under this
division, subject to any special rules applicable to statutory form
powers of attorney under Part 3 (commencing with Section 4400).



4101.  (a) Except as provided in subdivision (b), the principal may
limit the application of any provision of this division by an express
statement in the power of attorney or by providing an inconsistent
rule in the power of attorney.
   (b) A power of attorney may not limit either the application of a
statute specifically providing that it is not subject to limitation
in the power of attorney or a statute concerning any of the
following:
   (1) Warnings or notices required to be included in a power of
attorney.
   (2) Operative dates of statutory enactments or amendments.
   (3) Execution formalities.
   (4) Qualifications of witnesses.
   (5) Qualifications of attorneys-in-fact.
   (6) Protection of third persons from liability.



4102.  Notwithstanding Section 4128:
   (a) Except as provided in subdivision (b), on and after January 1,
1995, a printed form of a durable power of attorney may be sold or
otherwise distributed if it satisfies the requirements of former
Section 2510.5 of the Civil Code.
   (b) A printed form of a durable power of attorney printed on or
after January 1, 1986, that is sold or otherwise distributed in this
state for use by a person who does not have the advice of legal
counsel shall comply with former Section 2510 of the Civil Code or
with Section 4128 of this code.
   (c) A durable power of attorney executed on or after January 1,
1995, using a printed form that complies with subdivision (b) of
former Section 2400 of the Civil Code, as enacted by Chapter 511 of
the Statutes of 1981, or with former Section 2510 of the Civil Code,
is as valid as if it had been executed using a printed form that
complies with Section 4128 of this code.