WHAT IS A UNIFORM STATUTORY FORM POWER OF ATTORNEY?

A UNIFORM STATUTORY FORM POWER OF ATTORNEY is a power of attorney form provided by law. Specifically, in California, the Uniform Statutory Form Power of Attorney is provided under the Uniform Statutory Form Power of Attorney Act, which is found starting at California Probate Code section 4400.

The UNIFORM STATUTORY FORM POWER OF ATTORNEY is used to appoint someone to act on your behalf for certain matters. It may be used by any person with legal capacity. Since the UNIFORM STATUTORY FORM POWER OF ATTORNEY is provided by law, you can rest assured that it is legally valid.


CAN I CUSTOMIZE THE STATUTORY FORM POWER OF ATTORNEY?


YES. By using the Intelligent Questionnaire for Uniform Statutory Form Power of Attorney, you may quickly customize a California Uniform Statutory Form Power of Attorney to fit your specific needs. For example, you may customize the power of attorney as a:

  • Durable power of attorney OR Non-durable power of attorney
  • Springing power of attorney OR it may become effective immediately
  • General power of attorney (within the subject matters denoted below) OR a limited power of attorney

California's Uniform Statutory Form Power of Attorney is a flexible document and can be used with respect to various financial matters as discussed below in the section entitled "What Powers Can I Give My Agent." Continue reading to learn more about it and about how you can customize it for your specific needs.

PLEASE NOTE, YOU CANNOT USE THIS FORM FOR MATTERS RELATING TO HEALTH CARE. If you want a medical power of attorney and/or an advance health care directive, CLICK HERE.


WHAT ARE SOME USEFUL TERMS TO KNOW?
The following definitions are useful in helping you better understand the Uniform Statutory Form Power of Attorney.

POWER OF ATTORNEY: A written instrument executed by a natural person having the capacity to contract that grants authority to another person.

PRINCIPAL: Person who executes the power of attorney thus giving authority to another. Must be someone with capacity.

AGENT: Also referred to as "attorney-in-fact" . This is the person granted authority to act for the principal. Must be someone with capacity.

CAPACITY: Capacity means a person's ability to understand the nature and consequences of a decision and to make and communicate a decision. Minors, unless emancipated, do not have capacity by law, and therefore cannot execute this document.

DURABLE POWER OF ATTORNEY: A power of attorney that continues to be effective even when the principal becomes incapacitated.

NON-DURABLE POWER OF ATTORNEY: A power of attorney that terminates upon the principal's incapacity or death.

SPRINGING POWER OF ATTORNEY: A power of attorney that by its terms becomes effective at a specified future time or on the occurrence of a specified future event or contingency. For example, if the power of attorney becomes effective upon the incapacity of the principal, then it is a springing power of attorney.


CAN I HAVE MORE THAN ONE AGENT? HOW DOES THAT WORK?

Yes. A principle may have multiple agents. Having multiple agents may be accomplished by either

  1. Using more than one power of attorney, or
  2. By naming more than one agent in the same power of attorney.

NOTE: If you are giving different agents different powers, then you must use a different Power of Attorney for each agent. If you are giving the same powers to different agents, then you may use one Statutory Form Power of Attorney .

If a principal grants INCONSISTENT authority to one or more agents in two or more powers of attorney, then the authority granted LAST controls, to the extent of the inconsistency.

By using the Intelligent Questionnaire for Uniform Statutory Form Power of Attorney to prepare your Statutory Form Power of Attorney, you can assign up to three agents on the same document.


WHAT DOES IT MEAN FOR MY AGENTS TO ALL ACT TOGETHER?
If you appoint more than one agent in your Statutory Form Power of Attorney, you must decide whether they will act together or separately. If they must act together, that means that all of your agents are required to act in order to accomplish something. For example, if you have authorized three agents to open a bank account for you, and they must all act together, then all three of them must go to the bank and sign the documents necessary to open the account for you. If your agents are allowed to act separately, then any one of them, alone, may act on your behalf. In the example above, only one of your three agents could open the bank account for you.

In deciding to authorize your agents to act together or separately, consider that practicalities may make it difficult for multiple people to coordinate and act together. Accordingly, it may be harder for things to get done quickly, if at all. On the other hand, letting different people act independently could cause confusion if they are not talking to each other. Depending on your circumstances, it may be better to only appoint one agent. This is a judgment call you must make with respect to who you appoint and whether or not you think they will work well together.


WHAT POWERS CAN I GIVE TO MY AGENT IN A STATUTORY FORM POWER OF ATTORNEY?
The Statutory Form Power of Attorney may be used to grant an agent a variety of different powers. The principal may grant powers from 13 different categories. The Principal may choose 1, 2, or all 13, categories.

California Probate Code sections 4451 - 4463 set forth the scope of power provided by each category. Below is a table outlining the 13 categories. Next to each category is its related California Probate Code section. The last column of the table just provides some common examples of the powers relating to that category - it does NOT constitute a complete description of the powers in that category.

YOU MUST READ EACH CATEGORY'S RELATED CODE SECTION IN FULL TO UNDERSTAND ALL THE POWERS THAT WILL BE CONFERRED TO AN AGENT BY THAT CATEGORY (IN THE ABSENCE OF SPECIAL INSTRUCTIONS).
  Category of Power California Probate Code Section Some Common Examples  
         
1. Real Property transactions section 4451 Sell, exchange, quitclaim, encumber, subdivide, lease, sublease, or otherwise dispose of an interest in real property  
         
2. Tangible personal property transactions section 4452 Sell, exchange, convey with or without covenants, lease or otherwise dispose of tangible personal property or an interest in tangible personal property  
         
3. Stock and bond transactions section 4453 Buy, sell, and exchange stocks, bonds, mutual funds; receive evidence of ownership; exercise voting rights  
         
4.
Commodity and options transactions
Buy, sell, exchange, assign commodity futures contracts and call and put options traded on a regulated option exchange; establish and terminate option accounts with a broker
  
         
5. Banking and other financial institutions transactions section 4455 Establish, terminate or modify an account at a bank or other financial institution selected by the Agent; hire or close a safe deposit box  
         
6. Business operating transactions section 4456 Operate, buy, sell, enlarge, reduce, and terminate a business interest  
         
7. Insurance and annuity transactions section 4457 Procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, children and other dependents  
         
8.

Estate, Trust, and other beneficiary transactions

(See "What Can't My Agent Do?" below for important limitations on this power)

section 4458 To act for the principal in all matters that affect a trust, probate estate, guardianship, conservatorship, escrow, custodianship or other fund from which the principal is, may become, or claims to be entitled as a beneficiary, to a share or payment  
         
9.

Claims and litigation

See "What Can't My Agent Do?" below for important limitations on this power)

 section 4459 Assert and prosecute a claim before a court or administrative agency; procure an attachment, garnishment, or other provisional relief  
         
10. Personal and family maintenance section 4460 Do acts necessary to maintain the customary standard of living of the principal, the principal's spouse, children and others entitled to support by the principal  
         
11. Benefits from social security, Medicare, Medicaid, or other governmental programs, or civil or military service section 4461 Execute vouchers in the name of the principal; prepare, file, and prosecute a claim for benefits; receive the financial proceeds of a claim  
         
12. Retirement plan transactions section 4462 Select payment options under any retirement plan in which the principal participates; designate beneficiaries under these plans; make voluntary contributions under these plans. If authorized by the plan, borrow from, sell assets to, and purchase assets from the plan  
       
13. Tax matters section 4463 Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, and other tax returns, and any other tax related documents including receipts, offers, waivers, and any power of attorney required by the IRS or other taxing authority
 

NOTE: The default powers provided by the Code are extensive. Make sure to read the corresponding code sections above to read all the powers you will be giving. If you do not want to give your agent such extensive powers, or you only want your agent to do be authorized to do a few specific tasks, you must limit your agent's powers by including specific instructions.


CAN I GIVE SPECIAL INSTRUCTIONS TO MY AGENT? HOW?

YES. The Statutory Form Power of Attorney allows the principal to limit or expand the powers given to an agent. Limiting or expanding the default powers is accomplished by including special instructions in the area designated "Special Instructions" in the Intelligent Questionnaire for Uniform Statutory Form Power of Attorney.

EXAMPLE 1: If you wanted to expand your agent's powers to be as broad as possible, you could add a statement in the Special Instructions section that reads as follows:

In addition to all of the powers listed in lines (A) to (M) above, I grant to my agent full power and authority to act for me, in any way which I myself could act if I were personally present and able to act, with respect to all other matters and affairs not listed in lines (A) to (M) above, but this authority does not include authority to make health care decisions.

IF YOU ADD THE FOREGOING SENTENCE AS A SPECIAL INSTRUCTION, MAKE SURE YOU HAVE CHECKED ALL THE POWERS AVAILABLE IN THE Intelligent Questionnaire for Uniform Statutory Form Power of Attorney.

EXAMPLE 2: If you want to limit your agent's authority to handle a particular business transaction (such as the sale of your dry cleaning business), you can pick that category (business operating transactions) and then include a special instruction such as:

My agent's authority granted herein is limited to handling the sale of my dry cleaning business located at Cleaners Street, Los Angeles, California, 91436. My agent is not authorized to handle any other business matters for me.

As a general note, if you add special instructions, be sure to write as clearly and accurately as possible.


WHAT CAN'T MY AGENT DO?

Again, the Statutory Form Power of Attorney grants broad powers to an agent if left unchanged. However, there are limitations. California Probate Code section 4465 states that a Statutory Form Power of Attorney does not empower an agent to modify or revoke a trust created by the principal unless that power is expressly granted by the power of attorney. And even if such power is expressly granted, the agent can only modify or revoke the trust as provided in the trust instrument.

So if you prepare a Statutory Form Power of Attorney and simply check mark the power relating to "Estate, Trust, and other Beneficiary Transactions," you are not empowering your agent to modify or revoke your trust. You must add that power in the "Special Instructions" section where the Intelligent Questionnaire for Uniform Statutory Form Power of Attorney asks if you want to limit or expand your agent's powers.

Furthermore, an unmodified Statutory Form Power of Attorney does not allow for the agent to create a trust or will for the principal. Such a power would have to be added by express instruction in the "Special Instructions" section of the Intelligent Questionnaire for Uniform Statutory Form Power of Attorney.

Additionally, the Statutory Form Power of Attorney cannot be used to allow an agent to act as an attorney-at-law and thus represent you in court like a lawyer. However, your agent can hire an attorney to represent you in court.


WHEN CAN I MAKE MY STATUTORY FORM POWER OF ATTORNEY BECOME EFFECTIVE?
You can choose to make your Statutory Form Power of Attorney effective immediately, as of a specific date, or upon a certain event.

If you make it effective upon a certain event, you can name a person (or persons) who will have the power to determine whether or not the event has occurred. In such case, your Uniform Statutory Form Power of Attorney becomes effective when the person you named executes a written declaration under penalty of perjury that the specified event has occurred. California Probate Code section 4405.


WHAT IS A DURABLE POWER OF ATTORNEY?
A durable power of attorney is one that continues to be effective even when the principal becomes incapacitated. A non-durable power of attorney is one that terminates upon the principal's incapacity or death.

The Statutory Form Power of Attorney may be prepared either as a durable power of attorney, or as a non-durable power of attorney. Merely select your choice in the Intelligent Questionnaire for Uniform Statutory Form Power of Attorney and the appropriate language will be selected.


THINGS TO CONSIDER

A power of attorney affecting a real estate transaction may need to be recorded in the county in which the real estate is located. For example, a power of attorney to execute a mortgage must be recorded per California Civil Code section 2933. If you have granted your agent the first power in the Statutory Form Power of Attorney ("Real Property Transactions"), you will likely need to record your power of attorney in the county in which the subject real property is located. If you are not sure whether you need to record your power of attorney, you should seek the advice of an attorney.

Although the Statutory Form Power of Attorney can be used for many circumstances, it may not be for you. If you are not sure if you should use this Statutory Form Power of Attorney, or if you have any questions about any of the foregoing, you should NOT use this website and should seek the advice of an attorney.


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