SECTIONS 4500-4505 - California Statutes

PROBATE CODE

SECTION 4500-4505

4500. A power of attorney is exercisable free of judicial
intervention, subject to this part.

4501. The remedies provided in this part are cumulative and not
exclusive of any other remedies provided by law.

4502. Except as provided in Section 4503, this part is not subject
to limitation in the power of attorney.

4503. (a) Subject to subdivision (b), a power of attorney may
expressly eliminate the authority of a person listed in Section 4540
to petition the court for any one or more of the purposes enumerated
in Section 4541 if both of the following requirements are satisfied:
(1) The power of attorney is executed by the principal at a time
when the principal has the advice of a lawyer authorized to practice
law in the state where the power of attorney is executed.
(2) The principal's lawyer signs a certificate stating in
substance:

"I am a lawyer authorized to practice law in the state where this
power of attorney was executed, and the principal was my client at
the time this power of attorney was executed. I have advised my
client concerning his or her rights in connection with this power of
attorney and the applicable law and the consequences of signing or
not signing this power of attorney, and my client, after being so
advised, has executed this power of attorney."

(b) A power of attorney may not limit the authority of the
attorney-in-fact, the principal, the conservator of the person or
estate of the principal, or the public guardian to petition under
this part.

4504. There is no right to a jury trial in proceedings under this
division.

4505. Except as otherwise provided in this division, the general
provisions in Division 3 (commencing with Section 1000) apply to
proceedings under this division.