Power of Attorney California — Complete Guide (2025)

Everything you need to know about California power of attorney

By Rozsa Gyene, Estate Planning Attorney | State Bar #208356

What is a Power of Attorney California?

A California power of attorney (POA) is a legal document where you (the "principal") give someone you trust (your "agent" or "attorney-in-fact") the legal authority to act on your behalf.

Important: Your agent does NOT need to be an actual attorney/lawyer. The term "attorney-in-fact" just means "person acting for you."

What Can a Power of Attorney Do in California?

Depending on the type of POA, your agent can:

Financial Powers:

• Pay your bills
• Manage your bank accounts
• Buy or sell real estate
• File your taxes
• Manage investments
• Run your business
• Apply for government benefits
• Sign contracts

Healthcare Powers:

• Make medical treatment decisions
• Choose doctors and hospitals
• Access your medical records
• Make end-of-life decisions
• Authorize surgery
• Decide on medications

Types of Power of Attorney in California

Type	What It Does	When It Ends
Durable Power of Attorney	Manages finances. Stays valid if you become incapacitated.	When you die or revoke it
General Power of Attorney	Broad financial authority. Ends if you're incapacitated.	When you're incapacitated, die, or revoke it
Limited/Special POA	Specific task only (e.g., sell one property)	When task is completed
Healthcare Power of Attorney	Medical decisions only	When you die or revoke it
Springing POA	Takes effect only when you become incapacitated	When you die or revoke it

Durable Power of Attorney California (Most Common)

This is what most people need. A durable financial power of attorney:

• Takes effect immediately (or when you want)
• Stays valid even if you become incapacitated
• Covers all financial matters (or you can limit it)
• Ends when you die

California Probate Code §4124: A power of attorney is "durable" if it contains language showing it remains effective during your incapacity, such as: "This power of attorney shall not be affected by subsequent incapacity of the principal."

Healthcare Power of Attorney California

Also called "Advance Healthcare Directive" in California. This lets someone make medical decisions for you if you can't communicate.

What it includes:

• Who makes medical decisions (your healthcare agent)
• Your preferences for treatment
• End-of-life wishes
• Organ donation preferences

California Probate Code §4670-4745 governs healthcare powers of attorney.

Power of Attorney Requirements California

Who Can Create a Power of Attorney?

• Must be 18+ years old
• Must be mentally competent (understand what you're doing)
• Cannot be under duress or undue influence

Who Can Be Your Agent?

• Must be 18+ years old
• Must be mentally competent
• Should be someone you trust completely
• Can be family, friend, professional (attorney, accountant)
• Can name backup/successor agents

Document Requirements

Requirement	Details
In Writing	Must be written document (typed or handwritten)
Date	Must be dated
Your Signature	You must sign (or someone signs for you in your presence)
Notarization	Must be notarized OR witnessed by two adults
Agent Acceptance	Agent should sign acceptance (not required but recommended)
California Form	Should use California statutory form or equivalent language

California Statutory Power of Attorney Form

California provides a standard form in Probate Code §4401. This is a "fill-in-the-blank" form that meets all legal requirements.

Advantages of statutory form:

• Pre-approved by California law
• Banks/institutions must accept it
• Less likely to be challenged
• Includes all required language

How to Get Power of Attorney in California

Step 1: Choose Your Agent

Critical decision. Choose someone who is:

• Trustworthy and honest
• Financially responsible
• Organized and detail-oriented
• Available and willing to serve
• Lives nearby (helpful but not required)

Common choices:

• Spouse or partner
• Adult child
• Sibling
• Trusted friend
• Professional (attorney, CPA, trust company)

Also name a backup agent in case your first choice can't serve.

Step 2: Decide What Powers to Grant

You can grant:

• Broad powers: Everything (most common for family)
• Limited powers: Specific tasks only (e.g., "sell my house at 123 Main St")
• Immediate: Effective as soon as you sign
• Springing: Only takes effect if you're incapacitated (requires doctor's certification)

Step 3: Create the Document

You have three options:

Option 1: Online with Attorney Review ($150) — Best Value

Option 2: California Statutory Form (Free)

• Download from California courts website
• Fill in blanks yourself
• Risky: easy to make mistakes
• No attorney review

Option 3: Traditional Attorney ($300-$800)

• In-person consultation
• Customized to your situation
• 2-5x more expensive than online with attorney review

Step 4: Sign and Notarize

Financial POA:

1. Sign in front of California notary public
2. Bring government-issued photo ID
3. Notary will complete acknowledgment
4. Cost: $15 per signature (California law maximum)

Healthcare POA:

1. Sign in front of notary OR two witnesses
2. Witnesses cannot be your healthcare provider or agent
3. At least one witness cannot be related to you

Step 5: Distribute Copies

• Give copy to agent: They need it to act on your behalf
• Give copy to backup agent: In case they need to step in
• Keep original safe: Fireproof safe or safe deposit box
• Give copy to your bank (if needed): Some banks want it on file
• Give healthcare POA to doctors: Hospital, primary care physician

When Do You Need a Power of Attorney in California?

Everyone Over 18 Should Have One

Real scenario: You're in a car accident and unconscious for 2 weeks. Without POA:

• Your spouse can't access your bank accounts to pay bills
• Your family can't sell your house if you need money for medical care
• Your family must go to court for conservatorship ($5,000-$10,000, takes 2-4 months)

With POA: Your agent steps in immediately, pays your bills, manages your affairs. No court. No delays.

You Especially Need POA If You:

• Are over 50 (incapacity risk increases)
• Have chronic health conditions
• Travel frequently
• Own a business (someone needs to run it if you're incapacitated)
• Own real estate
• Have minor children
• Live alone

Power of Attorney vs Conservatorship California

Feature	Power of Attorney	Conservatorship
When Created	While you're healthy	After you're incapacitated
Who Chooses Agent	You choose	Court appoints
Court Involvement	None	Ongoing court supervision
Cost	$0-$150	$5,000-$10,000+
Time	Immediate	2-4 months
Privacy	Private	Public record

Bottom line: Get a power of attorney NOW while you're healthy. Don't force your family to go through conservatorship.

Common Questions About Power of Attorney California

How much does power of attorney cost in California?

• Free: California statutory form (no attorney review, risky)
• $150: Attorney-reviewed POA included in complete estate plan (Living Trust California)
• $300-$800: Traditional attorney for POA alone

Do I need a lawyer for power of attorney in California?

No, but attorney review is highly recommended. California allows you to use the statutory form yourself, but mistakes can be costly. Attorney-reviewed POA ensures it's done right for $150.

How long does power of attorney last in California?

Until you die or revoke it. A durable POA stays valid even if you're incapacitated. It only ends when:

• You die
• You revoke it in writing
• The purpose is completed (for limited POAs)
• Court invalidates it

Can I revoke a power of attorney in California?

Yes, anytime. To revoke:

1. Create written revocation document
2. Sign and date it
3. Give copy to your agent
4. Notify anyone who has a copy (banks, doctors, etc.)
5. Destroy all copies of old POA

What's the difference between power of attorney and living trust?

Feature	Power of Attorney	Living Trust
Purpose	Let someone act for you	Avoid probate
When active	During your lifetime	During lifetime and after death
Ends when	You die	After assets distributed
Do you need both?	YES — they work together

Does power of attorney need to be recorded in California?

Not usually. You only need to record a POA if it will be used for real estate transactions. Record with the county recorder where the property is located.

Power of Attorney and Living Trust — Do You Need Both?

YES. They serve different purposes:

Living Trust:

• Avoids probate when you die
• Transfers assets to beneficiaries
• Only covers assets IN the trust

Power of Attorney:

• Manages ALL your affairs if you're incapacitated
• Covers assets NOT in trust
• Makes medical decisions
• Ends when you die

Complete California Estate Plan Includes:

1. Living trust (avoids probate)
2. Pour-over will (backup)
3. Durable financial power of attorney (financial decisions)
4. Healthcare power of attorney (medical decisions)
5. HIPAA authorization (access medical records)

Living Trust California provides all 5 documents for $150.

Key Takeaways: Power of Attorney California

• Power of attorney lets someone you trust make decisions for you if you can't
• Two main types: financial POA and healthcare POA
• Durable POA is most common — stays valid if you're incapacitated
• Everyone over 18 should have one — prevents conservatorship
• Requirements: in writing, signed, notarized or witnessed
• Without POA, family needs conservatorship ($5K-$10K, 2-4 months)
• You need BOTH living trust and POA for complete protection
• Cost: $150 for attorney-reviewed POA (included in complete estate plan)

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About: Rozsa Gyene, California Estate Planning Attorney, State Bar #208356, 25+ years experience helping California families prepare powers of attorney and avoid conservatorship.

© 2025 Living Trust California. Rozsa Gyene, Attorney at Law, State Bar #208356.