General Provisions - Definitions And General Provisions - Probate - CA

Section § 4050

This law outlines when certain rules apply to powers of attorney in California. It applies to durable powers of attorney that are not for healthcare, statutory form powers of attorney, or any power of attorney that refers to this division. However, it does not cover powers of attorney where the agent has a special interest, certain insurance-related exchanges, or voting proxies handled by an agent. Also, it doesn't affect the validity of any other agreements not mentioned here.

(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).

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Section § 4051

This law states that unless there is a specific rule mentioned in this division, the general rules of agency law apply to powers of attorney.

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.

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Section § 4052

This law explains when a power of attorney falls under California's legal rules. If a power of attorney specifically states that it follows California's rules, or if it involves actions or people tied to California, then California law applies. This includes if the principal or the attorney-in-fact was living in California when it was created, if it deals with transactions there, or if it was signed in California. Additionally, even if someone moves out of the state or property is moved elsewhere, it still sticks to California rules. If a power of attorney doesn’t clearly state which rules apply, California law still applies if it was signed in California or if the principal was living there at the time.

(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.

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Section § 4053

If someone created a durable power of attorney in another state, and it follows that state's rules or California's rules, it's recognized as valid in California. This is true even if the person who made it doesn't live in California.

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.

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Section § 4054

This California law explains how powers of attorney are treated under a specific legal framework starting January 1, 1995. It states that all powers of attorney fall under this law, whether they were created before or after that date. Any legal actions regarding powers of attorney that started on or after January 1, 1995, must follow this law. For cases that began before that date, the law still applies unless it would disrupt the case or the rights of those involved. Lastly, any power of attorney made before January 1, 1995, remains valid if it was legal under the old laws.

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.

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