Section § 4150

Explanation

This section explains how a person, called the principal, can change a power of attorney. They can do this either by following the existing rules in the document or by creating a new document the same way the original was made. Additionally, anyone who doesn't know about these changes, like the person acting under the power of attorney or a third party, isn't responsible for actions taken without knowledge of the changes.

(a)CA Probate Code § 4150(a) A principal may modify a power of attorney as follows:
(1)CA Probate Code § 4150(a)(1) In accordance with the terms of the power of attorney.
(2)CA Probate Code § 4150(a)(2) By an instrument executed in the same manner as a power of attorney may be executed.
(b)CA Probate Code § 4150(b) An attorney-in-fact or third person who does not have notice of the modification is protected from liability as provided in Chapter 5 (commencing with Section 4300).

Section § 4151

Explanation

This law explains how a person (called the principal) can cancel a power of attorney, which is a legal document giving someone else authority to act on their behalf. First, they can revoke it by following any specific instructions outlined in the power of attorney document. Alternatively, they can cancel it through a written document, regardless of any terms in the power of attorney. Additionally, anyone acting as the representative (attorney-in-fact) or any third party involved is not responsible for actions taken without knowledge of the cancellation, as outlined in another set of laws starting with Section 4300.

(a)CA Probate Code § 4151(a) A principal may revoke a power of attorney as follows:
(1)CA Probate Code § 4151(a)(1) In accordance with the terms of the power of attorney.
(2)CA Probate Code § 4151(a)(2) By a writing. This paragraph is not subject to limitation in the power of attorney.
(b)CA Probate Code § 4151(b) An attorney-in-fact or third person who does not have notice of the revocation is protected from liability as provided in Chapter 5 (commencing with Section 4300).

Section § 4152

Explanation

This law explains when a power of attorney ends. It can end based on terms in the document, if what the power of attorney was for is no longer needed, if revoked, if the person who gave the power dies, or if the person with the power of attorney is removed, resigns, becomes mentally incapacitated, divorces the principal, or dies.

Also, if an attorney-in-fact or another person doesn't know the power has ended, they're not liable for their actions related to it, as long as they act without notice.

(a)CA Probate Code § 4152(a) Subject to subdivision (b), the authority of an attorney-in-fact under a power of attorney is terminated by any of the following events:
(1)CA Probate Code § 4152(a)(1) In accordance with the terms of the power of attorney.
(2)CA Probate Code § 4152(a)(2) Extinction of the subject or fulfillment of the purpose of the power of attorney.
(3)CA Probate Code § 4152(a)(3) Revocation of the attorney-in-fact’s authority, as provided in Section 4153.
(4)CA Probate Code § 4152(a)(4) Death of the principal, except as to specific authority permitted by statute to be exercised after the principal’s death.
(5)CA Probate Code § 4152(a)(5) Removal of the attorney-in-fact.
(6)CA Probate Code § 4152(a)(6) Resignation of the attorney-in-fact.
(7)CA Probate Code § 4152(a)(7) Incapacity of the attorney-in-fact, except that a temporary incapacity suspends the attorney-in-fact’s authority only during the period of the incapacity.
(8)CA Probate Code § 4152(a)(8) Dissolution or annulment of the marriage of the attorney-in-fact and principal, as provided in Section 4154.
(9)CA Probate Code § 4152(a)(9) Death of the attorney-in-fact.
(b)CA Probate Code § 4152(b) An attorney-in-fact or third person who does not have notice of an event that terminates the power of attorney or the authority of an attorney-in-fact is protected from liability as provided in Chapter 5 (commencing with Section 4300).

Section § 4153

Explanation

This law explains how you can revoke, or cancel, the authority given to someone under a power of attorney. First, you can follow any specific instructions already outlined in your power of attorney document. Second, you can revoke it any time by telling the person either verbally or in writing. Third, your legal representative can revoke it for you, but they need the court's approval to do so. If someone doesn't know that their authority has been revoked, they aren't responsible for any problems that might arise because of it, as long as they didn't know about the revocation.

(a)CA Probate Code § 4153(a) The authority of an attorney-in-fact under a power of attorney may be revoked as follows:
(1)CA Probate Code § 4153(a)(1) In accordance with the terms of the power of attorney.
(2)CA Probate Code § 4153(a)(2) Where the principal informs the attorney-in-fact orally or in writing that the attorney-in-fact’s authority is revoked or when and under what circumstances it is revoked. This paragraph is not subject to limitation in the power of attorney.
(3)CA Probate Code § 4153(a)(3) Where the principal’s legal representative, with approval of the court as provided in Section 4206, informs the attorney-in-fact in writing that the attorney-in-fact’s authority is revoked or when and under what circumstances it is revoked. This paragraph is not subject to limitation in the power of attorney.
(b)CA Probate Code § 4153(b) An attorney-in-fact or third person who does not have notice of the revocation is protected from liability as provided in Chapter 5 (commencing with Section 4300).

Section § 4154

Explanation

If someone gives their spouse the power to act on their behalf through a power of attorney, and then gets divorced or their marriage is annulled, that power is automatically canceled.

However, if they get married to the former spouse again, the power of attorney gets restored automatically.

(a)CA Probate Code § 4154(a) If after executing a power of attorney the principal’s marriage to the attorney-in-fact is dissolved or annulled, the principal’s designation of the former spouse as an attorney-in-fact is revoked.
(b)CA Probate Code § 4154(b) If the attorney-in-fact’s authority is revoked solely by subdivision (a), it is revived by the principal’s remarriage to the attorney-in-fact.

Section § 4155

Explanation

If someone gives another person the power to act for them through a nondurable power of attorney, this power stops when the person who gave it becomes unable to make their own decisions, unless the person acting or a third party didn't know about this incapacity. They're off the hook from any responsibility if they weren't aware. This rule can't be changed or limited by the power of attorney itself.

(a)CA Probate Code § 4155(a) Subject to subdivision (b), the authority of an attorney-in-fact under a nondurable power of attorney is terminated by the incapacity of the principal to contract.
(b)CA Probate Code § 4155(b) An attorney-in-fact or third person who does not have notice of the incapacity of the principal is protected from liability as provided in Chapter 5 (commencing with Section 4300).
(c)CA Probate Code § 4155(c) This section is not subject to limitation in the power of attorney.