California Probate Code 4052 – (a) If a power of attorney provides that the Power of Attorney …
(a) If a power of attorney provides that the Power of Attorney Law of this state governs the power of attorney or otherwise indicates the principal’s intention that the Power of Attorney Law of this state governs the power of attorney, this division governs the power of attorney and applies to acts and transactions of the attorney-in-fact in this state or outside this state where any of the following conditions is satisfied:
(1) The principal or attorney-in-fact was domiciled in this state when the principal executed the power of attorney.
Terms Used In California Probate Code 4052
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See California Probate Code 74
(2) The authority conferred on the attorney-in-fact relates to property, acts, or transactions in this state.
(3) The acts or transactions of the attorney-in-fact occurred or were intended to occur in this state.
(4) The principal executed the power of attorney in this state.
(5) There is otherwise a reasonable relationship between this state and the subject matter of the power of attorney.
(b) If subdivision (a) does not apply to the power of attorney, this division governs the power of attorney and applies to the acts and transactions of the attorney-in-fact in this state where either of the following conditions is satisfied:
(1) The principal was domiciled in this state when the principal executed the power of attorney.
(2) The principal executed the power of attorney in this state.
(c) A power of attorney described in this section remains subject to this division despite a change in domicile of the principal or the attorney-in-fact, or the removal from this state of property that was the subject of the power of attorney.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)