Article 3 - Authority of Attorneys-in-Fact

California Probate Code — §§ 4260-4266

Sections (7)

Amended by Stats. 2011, Ch. 113, Sec. 1. (AB 1082) Effective January 1, 2012.

(a)Except as specified in subdivision (b), this article applies to all powers of attorney under this division.

(b)Sections 4261 and 4263 do not apply to the provisions of Part 3 (commencing with Section 4400).

Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.

If a power of attorney grants general authority to an attorney-in-fact and is not limited to one or more express actions, subjects, or purposes for which general authority is conferred, the attorney-in-fact has all the authority to act that a person having the capacity to contract may carry out through an attorney-in-fact specifically authorized to take the action.

§ 4262

Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.

Subject to this article, if a power of attorney grants limited authority to an attorney-in-fact, the attorney-in-fact has the following authority:

(a)The authority granted in the power of attorney, as limited with respect to permissible actions, subjects, or purposes.

(b)The authority incidental, necessary, or proper to carry out the granted authority.

§ 4263

Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.

(a)A power of attorney may grant authority to the attorney-in-fact by incorporating powers by reference to another statute, including, but not limited to, the following:

(1)Powers of attorneys-in-fact provided by the Uniform Statutory Form Power of Attorney Act (Part 3 (commencing with Section 4400)).

(2)Powers of guardians and conservators provided by Chapter 5 (commencing with Section 2350) and Chapter 6 (commencing with Section 2400) of Part 4 of Division 4.

(3)Powers of trustees provided by Chapter 2 (commencing with Section 16200) of Part 4 of Division 9.

(b)Incorporation by reference to another statute includes any amendments made to the incorporated provisions after the date of execution of the power of attorney.

§ 4264

Amended by Stats. 2011, Ch. 113, Sec. 2. (AB 1082) Effective January 1, 2012.

An attorney-in-fact under a power of attorney may perform any of the following acts on behalf of the principal or with the property of the principal only if the power of attorney expressly grants that authority to the attorney-in-fact:

(a)Create, modify, revoke, or terminate a trust, in whole or in part. If a power of attorney under this division empowers the attorney-in-fact to modify or revoke a trust created by the principal, the trust may be modified or revoked by the attorney-in-fact only as provided in the trust instrument.

(b)Fund with the principal’s property a trust not created by the principal or a person authorized to create a

trust on behalf of the principal.

(c)Make or revoke a gift of the principal’s property in trust or otherwise.

(d)Exercise the right to reject, disclaim, release, or consent to a reduction in, or modification of, a share in, or payment from, an estate, trust, or other fund on behalf of the principal. This subdivision does not limit the attorney-in-fact’s authority to disclaim a detrimental transfer to the principal with the approval of the court.

(e)Create or change survivorship interests in the principal’s property or in property in which the principal may have an interest.

(f)Designate or change the designation of beneficiaries to receive any property, benefit, or contract right on the principal’s death.

(g)Make a loan to the attorney-in-fact.

§ 4265

Amended by Stats. 1999, Ch. 658, Sec. 36. Effective January 1, 2000. Operative July 1, 2000, by Sec. 43 of Ch. 658.

A power of attorney may not authorize an attorney-in-fact to make, publish, declare, amend, or revoke the principal’s will.

§ 4266

Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.

The grant of authority to an attorney-in-fact, whether by the power of attorney, by statute, or by the court, does not in itself require or permit the exercise of the power. The exercise of authority by an attorney-in-fact is subject to the attorney-in-fact’s fiduciary duties.