California Codes
Cal. Probate Code § 4124 (2026)
Creation and Effect of Powers of Attorney
✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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A durable power of attorney is a power of attorney by which a principal designates another person as attorney-in-fact in writing and the power of attorney contains any of the following statements:
(a)“This power of attorney shall not be affected by subsequent incapacity of the principal.”
(b)“This power of attorney shall become effective upon the incapacity of the principal.”
(c)Similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent incapacity.
Notes of Decisions
Cited in 3
cases (3 in the last 5 years), 2021–2025 · leading case: Nourafchan v. Chateau Reeves, No. B300382 (Cal. Ct. App. Aug. 6, 2021).
Nourafchan v. Chateau Reeves, No. B300382 (Cal. Ct. App. Aug. 6, 2021). “(Prob. Code, § 4124.) The parties, however, have not discussed the notice limitations of Probate Code section 4155, subdivision (b).”
Smith v. Equitable Life & Cas. Ins. Co., No. 3:22-cv-09125 (N.D. Cal. Mar. 15, 2024). “” Cal. Prob. Code § 4124 . See Dkt. No. 34-1! (POA) § 2.”
Smith v. Wells Fargo Bank, N.A., No. 4:25-cv-00719 (N.D. Cal. Sept. 30, 2025). “26 Prob. Code § 4124. It would be strange, therefore, for the Probate Code’s safe harbor to be 27 overcome by the (presumptively incompetent) principal saying that a bank should not follow the 1 durable, she must do so in accordance with the requirements of the Probate Code.”
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