California Power of Attorney
Using a power of attorney enables you to give someone permission to act on your behalf and manage medical, financial, real estate, business, or personal affairs in California.
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What is a power of attorney?
A power of attorney (POA) in California is a legal document authorizing one person — the agent or attorney-in-fact — to act on behalf of another (the principal) in financial, medical, real estate, or personal matters. A power of attorney in California is governed by Cal. Prob. Code §§ 4000 to 4465. Because California has not adopted the Uniform Power of Attorney Act, your document must specifically state that it is durable to remain valid if you become incapacitated.
Choose the right power of attorney for you
Durable Power of Attorney Stays valid even if you become incapacitated — the most common choice for long-term financial and estate planning. In California, this document must expressly include durability language to have this effect.
Healthcare Power of Attorney Authorizes a trusted person to make medical decisions if you are unable to communicate your wishes — including end-of-life care and treatment choices. Also referred to as a medical power of attorney in many states.
Medical Power of Attorney Another name for a healthcare power of attorney. Authorizes a trusted person to make medical decisions on your behalf in the event of incapacitation. Includes end-of-life care and treatment choices.
How to Create a Power of Attorney in California
Choose Your POA Type
Select the right type of power of attorney for you and your situation.
Name Your Agent
Choose a trusted adult (18+) who will act on your behalf and define the scope of their authority.
Complete Our Online Form
Fill out LegalNature's guided form. Our template dynamically adjusts to California's requirements.
Sign, Notarize, and Distribute
In California, a financial power of attorney must be either notarized or signed in front of two witnesses. A healthcare power of attorney must be signed in front of two witnesses and notarized — specific witness disqualifications apply under state law. Sign in the presence of the required witnesses and/or notary, then provide copies to your agent and any banks, healthcare providers, or institutions who may need to rely on it.
Why choose LegalNature?
LegalNature offers the guidance to navigate the nuances of power of attorney creation across all 50 states and the District of Columbia. LegalNature offers a 30-day money-back guarantee. If you're not happy, then we’re not happy. Give us a call and let us help.
Frequently asked questions
Does a power of attorney expire?
A power of attorney does not have an expiration date unless the principal includes a termination date in their power of attorney form. Nevertheless, it is recommended that you review the power of attorney regularly to determine if any changes are needed. Major life events, such as the birth of a child or receiving new assets, may make it necessary to amend the form or create a new one. If you need to do this, simply use LegalNature's form to revoke your first power of attorney and modify your wishes.
Can I revoke my power of attorney?
The principal is under no obligation to maintain a power of attorney and can end the power of attorney at any time and for any reason. It is always a good idea to notify your agent and any third-party institutions that you are cancelling your power of attorney.
How do I revoke a power of attorney?
To revoke a power of attorney, you need to expressly indicate this in a written form. You can use our revocation form to revoke your existing power of attorney or create a new power of attorney that indicates the previous power of attorney is revoked.
Do I need to register my power of attorney in California?
There is normally no need to register a power of attorney in California. The exception is real estate: if your agent will buy or sell property on your behalf, the POA typically needs to be notarized and recorded with your local county land-records office before the transaction closes.
Are there any powers that I cannot give my agent in California?
Yes. California law limits certain high-risk powers — such as making gifts, changing beneficiary designations, or amending a trust — unless you specifically authorize your agent to exercise them in the document. This list is state-specific, so review it carefully during the signing process. In every state, an agent can never vote on your behalf or make or change your will.
What is the difference between a general power of attorney and a durable power of attorney?
In all states, a general power of attorney will cease to be effective if the principal becomes incapacitated. In California, that durability language must be included expressly and is not assumed by default the way it is in states that have adopted the Uniform Power of Attorney Act.