{"id":371778,"date":"2016-03-31T21:34:27","date_gmt":"2016-04-01T02:34:27","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-durable-power-of-attorney-laws.html"},"modified":"2026-06-17T14:52:48","modified_gmt":"2026-06-17T19:52:48","slug":"california-durable-power-of-attorney-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-durable-power-of-attorney-laws.html","title":{"rendered":"California Durable Power of Attorney Laws"},"content":{"rendered":"\n
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California Durable Power of Attorney Laws<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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California<\/span> durable <\/span>power of attorney<\/span> laws<\/span> govern situations in which a person authorizes a trusted agent to manage their financial or\u00a0healthcare decisions<\/span>\u00a0if they become incapacitated. These laws address how to create a durable power of attorney<\/span>, who can create one, and how to make it valid through notarization or attestation by two qualified witnesses.<\/p>\n\n <\/div>\n\n\n\n

Creating an estate plan<\/span> is about more than just providing instructions about distributing your property at your death. A comprehensive estate plan<\/span> also includes instructions about how to manage your finances and your healthcare if you become incapacitated.<\/p>\n

A power of attorney<\/a> (POA) is a legal document<\/span>. The person creating the POA (the principal) grants another person (the attorney-in-fact<\/span> or agent) legal authority to act on the principal’s behalf, within the scope defined in the document. There are several different types of power of attorney<\/span>.<\/p>\n

For estate planning<\/span> purposes, POAs are a way to manage your financial matters<\/span> (durable power of attorney<\/span> for financial matters<\/span>) or your healthcare decisions<\/span> (power of attorney for healthcare<\/span>) if you become incapacitated. To be effective for this purpose, these POAs must be durable powers of attorney<\/span><\/a>. They should remain effective during the principal\u2019s incapacity<\/span> if they cannot or should not make their own decisions<\/span>. With these legal documents<\/span> in place, you can protect your family members<\/span> and loved ones<\/span> by ensuring your financial and healthcare matters are in trusted hands during your incapacity<\/span>.<\/p>\n

Key Difference Between a POA and a Durable POA<\/span><\/h2>\n

It\u2019s important to distinguish between a non-<\/span>durable<\/span> power of attorney<\/span> and a durable power of attorney<\/span>. This article focuses on durable powers of attorney<\/span> used for incapacity<\/span> planning as an estate planning<\/span> strategy.<\/p>\n

Non-<\/span>Durable<\/span> Power of Attorney<\/span><\/h3>\n

Unless it is stated to be durable, a POA is\u00a0non-durable<\/span>\u00a0by default under\u00a0California<\/span> law<\/span>. A non-<\/span>durable<\/span> POA<\/span> terminates automatically if the principal becomes incapacitated. Non-<\/span>durable<\/span> POAs<\/span> serve many valuable purposes<\/a>. In an estate-planning<\/span> context, POAs must be durable to address incapacity<\/span>.<\/p>\n

Durable Power of Attorney<\/span><\/h3>\n

Incapacity<\/span> does not terminate a durable power of attorney<\/span>. The term \u201cdurable\u201d denotes an important difference between a Durable Power of Attorney<\/span> for Financial Matters<\/span> and a Power of Attorney for Healthcare<\/span>.<\/p>\n

POA for Healthcare<\/strong><\/p>\n

Calling a California<\/span> healthcare POA “durable” is unnecessary. The durability of this type of POA<\/span> is baked into the language that creates it. A California<\/span> healthcare POA is triggered by the principal\u2019s incapacity<\/span>.<\/p>\n

Durable POA<\/span> for Financial Matters<\/span><\/strong><\/p>\n

The word \u201cdurable\u201d is essential to distinguish a POA for Financial Matters<\/span><\/a> that terminates with the principal\u2019s incapacity<\/span> from a durable POA<\/span>, which does not. The California<\/span> Probate Code<\/span> Section<\/span><\/a> requires a durable power of attorney<\/span> to show the principal\u2019s intent for the authority given to the agent, which does not terminate during any instance of incapacity<\/span> by the principal. The statute provides sample language:<\/p>\n