POWERS OF ATTORNEY

Power of Attorney

Choose the person who will handle your affairs if you cannot.

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Trust deed included
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Prepared by Jay S. Yu, Esq., California Licensed Attorney · Yu & Yu Law, Fullerton · Last reviewed October 2026

WHAT IT IS

Your plan for incapacity

A power of attorney lets you appoint someone you trust to handle your affairs if you are unable to. In California, having these documents in place can help your family avoid a court-ordered conservatorship, a public and expensive proceeding in which a judge decides who manages your affairs.

TWO TYPES

Financial and healthcare

01

Financial power of attorney

Gives your agent authority over your financial life, including:

Banking: writing checks, paying bills, and managing accounts
Real estate: selling, buying, or managing property
Business: partnerships, LLCs, and other business interests
Taxes: signing returns and communicating with the IRS

02

Advance healthcare directive

In California, medical decisions are handled through an advance healthcare directive, which lets your agent:

Consent to treatment, choose providers, and access medical records
Carry out your wishes about life support and pain relief

CHOOSING YOUR AGENT

Pick the right person for the job

01

Trust and integrity

The most important factor, because your agent will have broad authority over your assets.

02

The right skills

You might choose a financially savvy relative for finances and a calm advocate for healthcare decisions.

03

Successor agents

Name at least one backup in case your first choice is unable or unwilling to serve.

04

Professional fiduciaries

If no family member or friend is a good fit, I can help you name a professional fiduciary.

MAKING IT WORK

Signing it and keeping it accessible

In California, a financial power of attorney must be either notarized or signed by two qualified witnesses. Once it is signed:

01

Share copies

Give copies to your agent, your doctor, and your bank.

02

Review regularly

Marriage, divorce, or a move should prompt a review.

03

Store originals safely

Keep originals somewhere secure but easy to reach.

QUESTIONS CLIENTS ASK

How powers of attorney work in California

How do I get power of attorney in California?

You do not apply for it. The person who wants help, called the principal, signs a power of attorney naming an agent while they still have capacity, and no court is involved. If someone has already lost capacity and never signed one, it is too late, and the family may need to ask a court for a conservatorship.

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

A financial power of attorney must be either acknowledged before a notary or signed by two qualified adult witnesses (Prob. Code § 4121). If your agent may ever need to sign a deed or refinance real estate, it should be notarized, because documents affecting real estate generally must be acknowledged before they can be recorded.

What makes a power of attorney durable?

Durability keeps it working if you lose capacity, which is when your family needs it most. In California, a power of attorney is durable only if it says so, with language such as "This power of attorney shall not be affected by subsequent incapacity of the principal" (Prob. Code § 4124). Without it, the authority ends when you can no longer act.

Should my power of attorney be springing?

A springing power of attorney takes effect only after a stated event, usually your incapacity (Prob. Code § 4129). It sounds safer, but your agent may first have to prove the event happened, which can delay access to accounts when bills are due. Many people choose one that is effective immediately and name an agent they trust.

Can my agent change my trust or make gifts?

Only if your power of attorney expressly allows it. In California, an agent cannot create, amend, or revoke your trust, or make gifts of your property, unless the document specifically grants that power (Prob. Code § 4264). I draft those provisions to match what you want your agent to be able to do, and nothing more.

Does a power of attorney work after I die?

No. An agent's authority ends at your death (Prob. Code § 4152). From then on, your successor trustee manages what is in your trust, and anything left outside it may need an executor appointed through probate. That is why a power of attorney works alongside a living trust, not in place of one.

Is California changing its power of attorney form?

Yes. AB 2199, enacted in 2026, adopts a new California statutory power of attorney form that takes effect January 1, 2027, with options for successor agents and digital assets. The law does not make earlier forms stop working. Read What Does Power of Attorney Mean?

How much does a power of attorney cost?

Powers of attorney are part of my Complete Estate Plan, a flat fee quoted in writing before any work begins. The plan includes a durable power of attorney for each person, along with the living trust, pour-over will, healthcare directives, and trust deed. See what is included.