California general durable power of attorney fillable form

A California durable power of attorney form is a document that grants someone you choose (the “agent” or “attorney-in-fact”) the legal authority to act and make decisions for you (the “principal”) in the state of California.

Unlike a non-durable power of attorney (POA), a durable power of attorney (DPOA) stays in effect even if the principal becomes incapacitated and unable to make their own decisions.

This form is sometimes called a durable power of attorney for finances, and it’s used for financial and business matters. To grant durable power over medical decisions, you need a California medical power of attorney.

Download a legally-binding California durable power of attorney form and learn how to complete the fillable template.

California Durable Power of Attorney Requirements

California power of attorney forms can be made durable by including either the following statements or similar language:

“This power of attorney shall not be affected by subsequent incapacity of the principal.” / “This power of attorney shall become effective upon the incapacity of the principal.”

Relevant Laws: California Probate Code §§ 4000 et seq.

Presumed Durable: No (California Probate Code § 4124)

Signing: Requires date of execution and signature of the principal (California Probate Code § 4121)

Notarization: Must be acknowledged before a notary public or signed by at least two witnesses who are adults and are not the named attorney-in-fact (California Probate Code § 4121)

Statutory Form: Yes (California Probate Code § 4401)

The durable power of attorney template on this page includes all required language and complies with California DPOA laws and regulations.

California Durable Power of Attorney Form

Use our free California DPOA template below to serve as a guide for creating your own durable power of attorney form.

Download: PDF | Word

How to Fill Out a California DPOA Form

Follow these steps to easily complete our blank durable power of attorney form for California:

Step 1: Designate an agent

First, choose someone you trust to be your agent. It’s critical that you fully understand what power of attorney is and the risks involved in giving legal authority to another person before you create your DPOA.

Write the names and addresses of the principal, agent, and any applicable co-agents or successor agents in the first section of the durable power of attorney form.

Step 2: Grant authority

Next, mark on the form which areas of your life you want to give the agent legal power over. This can be general authority (e.g., operation of a business) or specific authority (e.g., make a loan).

You can also write in specific instructions about which actions the agent can perform on your behalf.

Step 3: Ensure your form is durable

For the power of attorney to continue even if you become incapacitated, the form must be made durable.

In California, you set your POA as durable by including the required language on the form.

Step 4: Sign and date the form

To complete the paperwork, sign and date the durable power of attorney form and have the agent sign and date the Notice to Person Accepting the Appointment as Attorney-in-Fact.

Don’t forget that in California, your form either needs to be notarized or signed by two witnesses.

Step 5: Give copies to relevant parties

To use the durable power of attorney, you need to give your agent a copy of the form. You should also give a copy to third parties where it will be used (such as your landlord, bank, or a state agency).

Keep the original DPOA form in a safe place in your home and consider giving additional copies to trusted friends or family members in case of an emergency.

How to Revoke a Durable Power of Attorney in California

In California, you can revoke a durable power of attorney at any time while you still have the capacity. The best method is to complete a revocation of power of attorney and make sure the agent and all relevant parties (like your bank) are informed of the revocation.

The following events will automatically revoke your DPOA in California:

• The resignation, incapacitation, or death of the attorney-in-fact (where there is no successor attorney-in-fact)
• The death of the principal
• The formal end of a marriage between the principal and attorney-in-fact

Keep in mind that the attorney-in-fact can legally still act on your behalf until they’re informed verbally or in writing about the power of attorney revocation.

Although a durable power of attorney can’t be revoked if the principal is already incapacitated, it’s possible for a third-party to override a power of attorney if they suspect an agent of abuse or negligence.