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California power of attorney
As of October 26, 2026, a California power of attorney must be dated and signed, then notarized or signed by two adult witnesses; the agent cannot serve as one of the witnesses.1
California Probate Code Section 4121 requires a power of attorney to show the date it was executed and to be signed by the principal, or by another adult in the principal’s name, presence and direction.2
The warning California requires on printed durable forms says a power of attorney that may affect real property should be notarized so it can easily be recorded.3
California at a glance
- Official state form
- Yes1
A dash or a missing box means the official pages we read do not state that rule; we never fill it in from memory.
Preview of the document
Power of Attorney
State of California
1. Important notice to the principal
This power of attorney is an important legal document. It lets the person you choose (your “agent”) act for you in the money and property matters described below, which can include spending your money and selling or managing your property without asking you first.
2. Principal and agent
I, Principal, of Principal’s address (the “principal”), appoint Agent, of Agent’s address, as my agent (also called my attorney-in-fact) to act for me as stated in this power of attorney.
3. Powers granted
4. Special powers
5. Gifts
6. Benefits to my agent
7. Limits and special instructions
8. When it starts and how long it lasts
9. Revoking this power of attorney
10. Successor agent
11. Expenses and pay
12. Agent’s duties
13. People who rely on this document
14. Governing law
15. Agent’s acceptance
16. Signatures, witnesses and notary
Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.
California’s rules, with sources
- State form
- California Probate Code Section 4401 sets out a Uniform Statutory Form Power of Attorney, legally sufficient when the conditions of Section 4402 are met.1
- The online California code does not print the statutory form itself; it refers readers to the printed chaptered bill, Chapter 113 of the Statutes of 2011.1
- California requires a printed durable power of attorney form sold for use without a lawyer to carry set warning statements in at least 10-point boldface type.3
- Signing
- California Probate Code Section 4121 requires a power of attorney to show the date it was executed and to be signed by the principal, or by another adult in the principal’s name, presence and direction.2
- A California power of attorney must also be either acknowledged before a notary public or signed by at least two witnesses who meet the Probate Code’s requirements.2
- Witnesses to a California power of attorney must be adults, the agent may not be one of them, and each must see the principal sign or acknowledge the signature.4
- The California statutory form power of attorney counts only when it is properly completed and the principal’s signature is acknowledged.5
- Deadlines
- Where it is filed
- The warning California requires on printed durable forms says a power of attorney that may affect real property should be notarized so it can easily be recorded.3
- Law
- Under California Probate Code Section 4124, a power of attorney is durable when it says it is not affected by the principal’s later incapacity, or that it takes effect upon incapacity.8
- A California power of attorney can give the agent authority over the principal’s property, personal care or any other matter, including deciding where the principal will live.9
- When a principal signs two California powers of attorney that conflict, the authority granted last controls to the extent of the conflict.10
- The California courts’ self-help guide places a power of attorney in legal and financial matters, with no automatic court oversight.11
- The California Attorney General notes that state law sets no required form for an advance health care directive, citing Probate Code Section 4701.12
Questions about a California power of attorney
How is a California power of attorney signed?
It carries the date and the principal’s signature, or another adult signs the principal’s name in the principal’s presence and at the principal’s direction. Then one of two routes: a notary public takes the acknowledgment, or at least two adult witnesses sign.
The agent cannot be a witness, and each witness has to see either the signing or the principal acknowledging the signature. The statutory form is stricter: it needs the acknowledgment.2,4,5
Does California have a statutory power of attorney form?
Yes. Probate Code Section 4401 creates the Uniform Statutory Form Power of Attorney. It works when the wording substantially follows the statute, the form is properly completed and the principal’s signature is acknowledged.
The legislature’s website does not reproduce the form; it points to Chapter 113 of the Statutes of 2011. Other printed durable forms sold to people without a lawyer must carry the Section 4128 warnings in bold type of at least 10 points; that rule does not apply to the statutory form.1,3,5
When does a California power of attorney start and stop?
Durability comes from the text: a sentence saying the power survives the principal’s incapacity, or starts with it. A springing power can name a person whose written declaration under penalty of perjury confirms that the triggering event happened.
There is no built-in expiration date unless the document sets one. If two powers of attorney conflict, the later grant wins where they overlap.6–8,10
Does a California power of attorney cover health care?
The courts’ self-help guide lists a power of attorney for legal and financial matters and an advance health care directive for health, including mental health.
For the health care document, the Attorney General notes that state law requires certain provisions but no particular form.11,12
What to have at hand
- Full legal names and addresses of principal and agent
- Which powers the agent gets, and any limits
- When it starts and whether it continues if the principal becomes incapacitated
- A successor agent, if you want one
Health care decisions usually take a separate document (a health care power of attorney or advance directive).
Frequently asked questions
Does a California power of attorney need a notary?
Not always. Section 4121 accepts either a notary’s acknowledgment or two qualified witnesses. The statutory form needs the acknowledgment, and the warning required on printed durable forms advises a notary for any power that may affect real property, so it can be recorded.2,3,5
Can the agent witness a California power of attorney?
No. Probate Code Section 4122 says the attorney-in-fact may not act as a witness, and both witnesses must be adults.4
Where this information comes from
California’s rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- California Probate Code Section 4401 Open the official page (opens in a new tab) ↩
- California Probate Code Section 4121 Open the official page (opens in a new tab) ↩
- California Probate Code Section 4128 Open the official page (opens in a new tab) ↩
- California Probate Code Section 4122 Open the official page (opens in a new tab) ↩
- California Probate Code Section 4402 Open the official page (opens in a new tab) ↩
- California Probate Code Section 4127 Open the official page (opens in a new tab) ↩
- California Probate Code Section 4129 Open the official page (opens in a new tab) ↩
- California Probate Code Section 4124 Open the official page (opens in a new tab) ↩
- California Probate Code Section 4123 Open the official page (opens in a new tab) ↩
- California Probate Code Section 4130 Open the official page (opens in a new tab) ↩
- Options to help someone with an impairment or disability (California Courts Self-Help Guide) Open the official page (opens in a new tab) ↩
- Advance Care Planning (California Attorney General) Open the official page (opens in a new tab) ↩
Something changed? Tell us what is out of date and we will check the official page again.