Guides · State guides · California

Power of Attorney in California: Requirements, the Statutory Form, and How to Get One

California accepts a notary or two witnesses for a power of attorney, but its official statutory form needs a notary. Here is what the Probate Code says.

By naveen · Updated October 13, 2026 · How we research our guides

A power of attorney in California is legally sufficient when it contains the date it was signed, your parent signs it, and it is either acknowledged before a notary public or signed by at least two qualified adult witnesses. Those are the requirements of Probate Code §4121. Whether it keeps working if your parent later loses capacity depends on its wording.

What is a durable power of attorney in California?

It's a written document in which your parent (the principal) names someone (the attorney-in-fact) to act for them, and which says it continues if your parent later becomes incapacitated. The statutory form sections of the Probate Code call that person the agent (§4406). California's rules are in the Probate Code, Division 4.5, Powers of Attorney.

The durability is set by the words in the document. Under §4124, a power of attorney is durable if it contains either of these, or similar words showing the same intent:

• "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."

The first is in effect from signing and stays in effect. The second, called a springing power of attorney, waits for incapacity. Our general guide to power of attorney for an elderly parent covers setting one up before it's needed.

What does California require for a power of attorney to be valid?

California requires a date, your parent's signature, and either a notary's acknowledgment or two qualified adult witnesses (§4121), plus rules for the witnesses in §4122.

Each witness must see your parent sign, or see your parent acknowledge the signature or the document (§4122). Beyond being adults and not the named agent, those are the witness rules §4122 sets out.

Is there an official California power of attorney form?

Yes. California's official form is the Uniform Statutory Form Power of Attorney, set out in Probate Code §4401, which says the form "is legally sufficient when the requirements of Section 4402 are satisfied." The form's full text appears in the chaptered bill (Statutes of 2011, chapter 113); the state's online code notes this rather than printing it. AB 2199, signed June 30, 2026, replaces the form from January 1, 2027: the new §4401 prints the full form and adds an optional successor agent and an optional nomination of the agent as conservator of your parent's estate.

Section 4402 sets three conditions for the statutory form:

• the wording complies substantially with §4401;
• "The form is properly completed.";
• "The signature of the principal is acknowledged."

For a power of attorney in general, §4121 accepts a notary or two witnesses. For the statutory form, §4402 requires the acknowledgment, the notary route in §4121, so the two-witness route isn't enough.

The statutory form covers property and finances. Health care decisions in California come from an advance health care directive, explained in our guide to the California advance health care directive.

When does it take effect, and when does it end?

It takes effect when it's signed, unless it springs on a later event, and it ends on the events listed in §4152, including revocation and your parent's death. A power of attorney with the "shall not be affected" wording works from the day it's signed. A springing power of attorney works only after the event it names, such as incapacity. Under §4129, your parent can name one or more people who, "by a written declaration under penalty of perjury," can determine conclusively that the event has happened. Once they sign that declaration, the power of attorney is in effect.

The attorney-in-fact's authority ends on any of these (§4152):

• the terms of the power of attorney;
• its subject ending or purpose being fulfilled;
• revocation;
• your parent's death, except for authority a statute allows after death;
• the attorney-in-fact's removal, resignation, incapacity or death;
• the dissolution or annulment of the attorney-in-fact's marriage to your parent.

A temporary incapacity of the attorney-in-fact only suspends their authority while it lasts.

What does the agent have to do?

The agent must act only in your parent's interest, avoid conflicts of interest, and keep records of every transaction (§§4232, 4236). The statute puts the core duty in one sentence: "An attorney-in-fact has a duty to act solely in the interest of the principal and to avoid conflicts of interest" (§4232). The same section adds that an agent isn't in breach just because they also benefit from acting, which can apply when the agent is a family member who also benefits.

The agent must also "keep records of all transactions entered into by the attorney-in-fact on behalf of the principal" (§4236). A formal account is required only in set circumstances, including whenever your parent asks for one and when the power of attorney itself requires it.

Do banks have to accept a California power of attorney?

For the statutory form, a bank or other third person that refuses can be taken to court and made to honor it. Under §4406, if a third person refuses to honor the agent's authority under a properly executed statutory form "within a reasonable time," they "may be compelled to honor" it in a court action, unless your parent couldn't have compelled them in the same circumstances. If the court finds the refusal unreasonable, it "shall award attorney's fees to the agent."

That remedy is tied to the statutory form, which makes it a consideration when choosing between the statutory form and a custom document.

How do you get a power of attorney for an elderly parent in California?

Your parent makes it, while they can. The steps:

1. Talk with your parent about who they'd want acting for them, and who should step in if that person can't.
2. Choose a document: the Uniform Statutory Form Power of Attorney, or one drafted for your parent's situation.
3. Decide with your parent whether it takes effect now or springs on incapacity, and if it springs, who will sign the declaration.
4. Confirm the durability wording is in the document.
5. Your parent signs and dates it.
6. Have it acknowledged before a notary. If it isn't the statutory form, two qualified adult witnesses are the alternative.
7. Give the agent a copy and keep the original somewhere safe.

If your parent can't physically sign, §4121 lets another adult sign your parent's name in their presence and at their direction. If your parent can no longer make the decision at all, a court process such as a conservatorship may be the remaining route; see our California conservatorship guide. For complicated situations, it helps to know what an elder law attorney does.

How do you revoke a power of attorney in California?

Your parent can revoke the attorney-in-fact's authority by telling the attorney-in-fact, orally or in writing, that it is revoked. Under §4153, that right "is not subject to limitation in the power of attorney," so the document can't take it away. A power of attorney can also be revoked according to its own terms.

The statutory form's own wording addresses third parties. Section 4402 quotes the form's sentence that revocation "is not effective as to a third party until the third party has actual knowledge of the revocation." So telling the banks and institutions that hold a copy matters too.

How much does a power of attorney cost in California?

The cost California law caps is the notary's fee: no more than $15 for each signature taken for an acknowledgment (Government Code §8211), rising to $20 on January 1, 2027 under AB 1597, signed June 30, 2026. The statutory form's text is in the Probate Code (§4401). If the document isn't the statutory form and your parent uses two witnesses instead, there is no notary step.

What questions are worth asking before your parent signs?

• Who would your parent trust with their money, and who is the backup?
• Should it work now, or only on incapacity, and who would declare that?
• Which powers should it include, and which should it leave out?
• Which banks and institutions will need a copy?

Frequently asked questions

Does a power of attorney need to be notarized in California?

Not always. Probate Code §4121 accepts either acknowledgment before a notary public or the signatures of at least two qualified adult witnesses. The exception is the Uniform Statutory Form Power of Attorney: §4402 makes it legally sufficient only when your parent's signature is acknowledged, so the two-witness option doesn't apply to it.

Who can witness a California power of attorney?

Any two adults except the person named as attorney-in-fact, under Probate Code §4122. Each witness must see your parent sign the document, or see your parent acknowledge the signature or the document. Witnesses aren't an option for the statutory form, which needs a notary's acknowledgment under §4402.

Is there an official California power of attorney form?

Yes, the Uniform Statutory Form Power of Attorney in Probate Code §4401. It is legally sufficient when its wording substantially complies, it's properly completed, and your parent's signature is acknowledged. Its full text appears in the chaptered bill, Statutes of 2011, chapter 113, and a revised form under AB 2199 takes effect January 1, 2027.

Can a California power of attorney be used for medical decisions?

A financial power of attorney covers property and money. Health care decisions in California are made under an advance health care directive, which includes a power of attorney for health care and has its own signing and witness rules in Probate Code Division 4.7.

What is a springing power of attorney in California?

One that takes effect on a future event, such as your parent's incapacity, using wording such as "This power of attorney shall become effective upon the incapacity of the principal." Under §4129, your parent can name who will declare, under penalty of perjury, that the event has happened.

How do you revoke a power of attorney in California?

Your parent can tell the attorney-in-fact, orally or in writing, that their authority is revoked; Probate Code §4153 says the power of attorney can't limit that right. Notifying banks and other institutions that hold a copy matters too, because revocation may not bind a third party until they know of it.

Getting started

A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.

Build your plan

Sources

• California Probate Code §4121, Formalities for executing a power of attorney: date, signature, notary or two witnesses.
• California Probate Code §4124, Durable power of attorney: the durability wording.
• California Probate Code §4153, Revocation of attorney-in-fact's authority: how authority is revoked.
• California Probate Code §4402, Statutory form requirements: the acknowledgment rule for the statutory form.
• California Probate Code §4406, Refusal to honor a statutory form: compelling acceptance and attorney's fees.
• California Government Code §8211, Notary fees: the maximum fee for an acknowledgment.
• California Legislature, AB 1597 (2026): the higher notary fee cap from January 1, 2027.
• California Legislature, AB 2199 (2026): the revised statutory form from January 1, 2027.

More on what this tool does and doesn't do, or browse everything we've written.