SECTIONS 4400-4409 - California Statutes

PROBATE CODE

SECTION 4400-4409

4400. This part may be cited as the Uniform Statutory Form Power of
Attorney Act.

4401. The following statutory form power of attorney is legally
sufficient when the requirements of Section 4402 are satisfied:

* * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The Uniform Statutory Form Power of
Attorney appears in the hard-copy publication of the chaptered
bill. See Sec. 1 of Chapter 251, Statutes of 2005.

* * * * * * * * * * * * * * * * *

4402. A statutory form power of attorney under this part is legally
sufficient if all of the following requirements are satisfied:
(a) The wording of the form complies substantially with Section
4401. A form does not fail to comply substantially with Section 4401
merely because the form does not include the provisions of Section
4401 relating to designation of co-agents. A form does not fail to
comply substantially with Section 4401 merely because the form uses
the sentence "Revocation of the power of attorney is not effective as
to a third party until the third party learns of the revocation" in
place of the sentence "Revocation of the power of attorney is not
effective as to a third party until the third party has actual
knowledge of the revocation," in which case the form shall be
interpreted as if it contained the sentence "Revocation of the power
of attorney is not effective as to a third party until the third
party has actual knowledge of the revocation."
(b) The form is properly completed.
(c) The signature of the principal is acknowledged.

4403. If the line in front of (N) of the statutory form under
Section 4401 is initialed, an initial on the line in front of any
other power does not limit the powers granted by line (N).

4404. A statutory form power of attorney legally sufficient under
this part is durable to the extent that the power of attorney
contains language, such as "This power of attorney will continue to
be effective even though I become incapacitated," showing the intent
of the principal that the power granted may be exercised
notwithstanding later incapacity.

4405. (a) A statutory form power of attorney under this part that
limits the power to take effect upon the occurrence of a specified
event or contingency, including, but not limited to, the incapacity
of the principal, may contain a provision designating one or more
persons who, by a written declaration under penalty of perjury, have
the power to determine conclusively that the specified event or
contingency has occurred.
(b) A statutory form power of attorney that contains the provision
described in subdivision (a) becomes effective when the person or
persons designated in the power of attorney execute a written
declaration under penalty of perjury that the specified event or
contingency has occurred, and any person may act in reliance on the
written declaration without liability to the principal or to any
other person, regardless whether the specified event or contingency
has actually occurred.
(c) The provision described in subdivision (a) may be included in
the "Special Instructions" portion of the form set forth in Section
4401.
(d) Subdivisions (a) and (b) do not provide the exclusive method
by which a statutory form power of attorney under this part may be
limited to take effect upon the occurrence of a specified event or
contingency.

4406. (a) If a third person to whom a properly executed statutory
form power of attorney under this part is presented refuses to honor
the agent's authority under the power of attorney within a reasonable
time, the third person may be compelled to honor the agent's
authority under the power of attorney in an action brought against
the third person for this purpose, except that the third person may
not be compelled to honor the agent's authority if the principal
could not compel the third person to act in the same circumstances.
(b) If an action is brought under this section, the court shall
award attorney's fees to the agent if the court finds that the third
person acted unreasonably in refusing to accept the agent's authority
under the statutory form power of attorney.
(c) For the purpose of subdivision (b), and without limiting any
other grounds that may constitute a reasonable refusal to accept an
agent's authority under a statutory form power of attorney, a third
person shall not be deemed to have acted unreasonably in refusing to
accept an agent's authority if the refusal is authorized or required
by state or federal statute or regulation.
(d) Notwithstanding subdivision (c), a third person's refusal to
accept an agent's authority under a statutory form power of attorney
under this part shall be deemed unreasonable if the only reason for
the refusal is that the power of attorney is not on a form prescribed
by the third person to whom the power of attorney is presented.
(e) The remedy provided in this section is cumulative and
nonexclusive.

4407. Unless there is a conflicting provision in this part, in
which case the provision of this part governs, the other provisions
of this division apply to a statutory form power of attorney.

4408. Nothing in this part affects or limits the use of any other
form for a power of attorney. A form that complies with the
requirements of any law other than the provisions of this part may be
used instead of the form set forth in Section 4401, and none of the
provisions of this part apply if the other form is used.

4409. (a) A statutory short form power of attorney executed before,
on, or after the repeal of Chapter 3 (commencing with Section 2450)
of Title 9 of Part 4 of Division 3 of the Civil Code by Chapter 986
of the Statutes of 1990, using a form that complied with former
Section 2450 of the Civil Code, as originally enacted by Chapter 602
of the Statutes of 1984, or as amended by Chapter 403 of the Statutes
of 1985, is as valid as if Chapter 3 (commencing with Section 2450)
of Title 9 of Part 4 of Division 3 of the Civil Code had not been
repealed by, and former Section 2511 of the Civil Code amended by,
Chapter 986 of the Statutes of 1990.
(b) A statutory form power of attorney executed before, on, or
after the repeal of Chapter 3.5 (commencing with Section 2475) of
Title 9 of Part 4 of Division 3 of the Civil Code by the act that
enacted this section, using a form that complied with the repealed
chapter of the Civil Code is as valid as if that chapter had not been
repealed.