Title PROB — California Prob. Code

This chapter applies whenever both of the following conditions exist: (a) A court (1) approves a compromise of, or the execution of a covenant not to sue on or a covenant not to enforce judgment on, a minor’s disputed claim, (2) approves a compromise of a pending action or procee…

(a) The court making the order or giving the judgment referred to in Section 3600, as a part thereof, shall make a further order authorizing and directing that reasonable expenses, medical or otherwise and including reimbursement to a parent, guardian, or conservator, costs, and …

(a) If there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability, the remaining balance of the money and other property, after payment of all expenses, costs, and fees as approved and allowed by the court under Section 36…

Where reference is made in this chapter to a “person with a disability,” the reference shall be deemed to include the following: (a) A person for whom a conservator may be appointed. (b) Any of the following persons, subject to the provisions of Section 3613: (1) A person who mee…

(a) (1) If a court makes an order under Section 3602 or 3611 that money of a minor or person with a disability be paid to a special needs trust, the terms of the trust shall be reviewed and approved by the court and shall satisfy the requirements of this section. The trust is sub…

(a) This section applies only to a special needs trust established under Section 3604 on or after January 1, 1993. (b) While the special needs trust is in existence, the statute of limitations otherwise applicable to claims of the State Department of Health Care Services, the Sta…

When money or other property is to be paid or delivered for the benefit of a minor or person with a disability under a compromise, covenant, order or judgment, and there is no guardianship of the estate of the minor or conservatorship of the estate of the person with a disability…

In any case described in Section 3610, the court making the order or giving the judgment referred to in Section 3600 shall, upon application of counsel for the minor or person with a disability, order any one or more of the following: (a) That a guardian of the estate or conserva…

(a) Notwithstanding any other provision of law and except to the extent the court orders otherwise, the court making the order under Section 3611 shall have continuing jurisdiction of the money and other property paid, delivered, deposited, or invested under this article until th…

Notwithstanding any other provision of this chapter, a court may not make an order or give a judgment pursuant to Section 3600, 3601, 3602, 3610, or 3611 with respect to an adult who has the capacity within the meaning of Section 812 to consent to the order and who has no conserv…

Only a person having the capacity to contract is qualified to act as an attorney-in-fact.

Designating an unqualified person as an attorney-in-fact does not affect the immunities of third persons nor relieve the unqualified person of any applicable duties to the principal or the principal’s successors.

(a) A principal may designate more than one attorney-in-fact in one or more powers of attorney. (b) Authority granted to two or more attorneys-in-fact is exercisable only by their unanimous action. (c) If a vacancy occurs, the remaining attorneys-in-fact may exercise the authorit…

(a) A principal may designate one or more successor attorneys-in-fact to act if the authority of a predecessor attorney-in-fact terminates. (b) The principal may grant authority to another person, designated by name, by office, or by function, including the initial and any succes…

An attorney-in-fact is entitled to reasonable compensation for services rendered to the principal as attorney-in-fact and to reimbursement for reasonable expenses incurred as a result of acting as attorney-in-fact.

(a) An attorney-in-fact may revocably delegate authority to perform mechanical acts to one or more persons qualified to exercise the authority delegated. (b) The attorney-in-fact making a delegation remains responsible to the principal for the exercise or nonexercise of the deleg…

(a) If, following execution of a durable power of attorney, a court of the principal’s domicile appoints a conservator of the estate, guardian of the estate, or other fiduciary charged with the management of all of the principal’s property or all of the principal’s property excep…

(a) An attorney-in-fact may resign by any of the following means: (1) If the principal is competent, by giving notice to the principal. (2) If a conservator has been appointed, by giving notice to the conservator. (3) On written agreement of a successor who is designated in the p…

(a) Except as provided in subdivisions (b) and (c), a person who is designated as an attorney-in-fact has no duty to exercise the authority granted in the power of attorney and is not subject to the other duties of an attorney-in-fact, regardless of whether the principal has beco…

(a) Except as provided in subdivision (b), in dealing with property of the principal, an attorney-in-fact shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments…

(a) If the attorney-in-fact breaches a duty pursuant to this division, the attorney-in-fact is chargeable with any of the following, as appropriate under the circumstances: (1) Any loss or depreciation in value of the principal’s property resulting from the breach of duty, with i…

(a) An attorney-in-fact has a duty to act solely in the interest of the principal and to avoid conflicts of interest. (b) An attorney-in-fact is not in violation of the duty provided in subdivision (a) solely because the attorney-in-fact also benefits from acting for the principa…

(a) The attorney-in-fact shall keep the principal’s property separate and distinct from other property in a manner adequate to identify the property clearly as belonging to the principal. (b) An attorney-in-fact holding property for a principal complies with subdivision (a) if th…

(a) To the extent reasonably practicable under the circumstances, an attorney-in-fact has a duty to keep in regular contact with the principal, to communicate with the principal, and to follow the instructions of the principal. (b) With court approval, the attorney-in-fact may di…

If the principal becomes wholly or partially incapacitated, or if there is a question concerning the capacity of the principal to give instructions to and supervise the attorney-in-fact, the attorney-in-fact may consult with a person previously designated by the principal for thi…

(a) The attorney-in-fact shall keep records of all transactions entered into by the attorney-in-fact on behalf of the principal. (b) The attorney-in-fact does not have a duty to make an account of transactions entered into on behalf of the principal, except in the following circu…

An attorney-in-fact with special skills has a duty to apply the full extent of those skills.

(a) On termination of an attorney-in-fact’s authority, the attorney-in-fact shall promptly deliver possession or control of the principal’s property as follows: (1) If the principal is not incapacitated, to the principal or as directed by the principal. (2) If the principal is in…

(a) Except as specified in subdivision (b), this article applies to all powers of attorney under this division. (b) Sections 4261 and 4263 do not apply to the provisions of Part 3 (commencing with Section 4400).

If a power of attorney grants general authority to an attorney-in-fact and is not limited to one or more express actions, subjects, or purposes for which general authority is conferred, the attorney-in-fact has all the authority to act that a person having the capacity to contrac…

Subject to this article, if a power of attorney grants limited authority to an attorney-in-fact, the attorney-in-fact has the following authority: (a) The authority granted in the power of attorney, as limited with respect to permissible actions, subjects, or purposes. (b) The au…

(a) A power of attorney may grant authority to the attorney-in-fact by incorporating powers by reference to another statute, including, but not limited to, the following: (1) Powers of attorneys-in-fact provided by the Uniform Statutory Form Power of Attorney Act (Part 3 (commenc…

An attorney-in-fact under a power of attorney may perform any of the following acts on behalf of the principal or with the property of the principal only if the power of attorney expressly grants that authority to the attorney-in-fact: (a) Create, modify, revoke, or terminate a t…

A power of attorney may not authorize an attorney-in-fact to make, publish, declare, amend, or revoke the principal’s will.

The grant of authority to an attorney-in-fact, whether by the power of attorney, by statute, or by the court, does not in itself require or permit the exercise of the power. The exercise of authority by an attorney-in-fact is subject to the attorney-in-fact’s fiduciary duties.

(a) A power of appointment can be exercised only by a powerholder having the capacity to transfer the interest in property to which the power relates. (b) Unless the creating instrument otherwise provides, a powerholder who is a minor may not exercise a power of appointment durin…

(a) Except as otherwise provided in this part, if the creating instrument specifies requirements as to the manner, time, and conditions of the exercise of a power of appointment, the power can be exercised only by complying with those requirements. (b) Unless expressly prohibited…

(a) Where an appointment does not satisfy the formal requirements specified in the creating instrument as provided in subdivision (a) of Section 630, the court may excuse compliance with the formal requirements and determine that exercise of the appointment was effective if both …

If the creating instrument expressly directs that a power of appointment be exercised by an instrument that makes a specific reference to the power or to the instrument that created the power, the power can be exercised only by an instrument containing the required reference.

(a) If the creating instrument requires the consent of the donor or other person to exercise a power of appointment, the power can only be exercised when the required consent is contained in the instrument of exercise or in a separate written instrument, signed in each case by th…

A power of appointment created in favor of two or more powerholders can only be exercised when all of the powerholders unite in its exercise. If one or more of the powerholders dies, becomes legally incapable of exercising the power, or releases the power, the power may be exerci…

Nothing in this chapter affects the power of a court of competent jurisdiction to remedy a defective exercise of an imperative power of appointment.

(a) The exercise of a power of appointment requires a manifestation of the powerholder’s intent to exercise the power. (b) A manifestation of the powerholder’s intent to exercise a power of appointment exists in any of the following circumstances: (1) The powerholder declares, in…

(a) A general residuary clause in a will, or a will making general disposition of all the testator’s property, does not exercise a power of appointment held by the testator unless specific reference is made to the power or there is some other indication of intent to exercise the …

If a power of appointment existing at the powerholder’s death, but created after the execution of the powerholder’s will, is exercised by the will, the appointment is effective except in either of the following cases: (a) The creating instrument manifests an intent that the power…

(a) The powerholder of a general power of appointment may make an appointment: (1) Of all of the appointive property at one time, or several partial appointments at different times, where the power is exercisable inter vivos. (2) Of present or future interests or both. (3) Subjec…

Subject to the limitations imposed by the creating instrument, the powerholder of a special power may make any of the types of appointment permissible for the powerholder of a general power under Section 650.

(a) Except as provided in subdivision (b), the powerholder of a special power of appointment may appoint the whole or any part of the appointive property to any one or more of the permissible appointees and exclude others. (b) If the donor specifies either a minimum or maximum sh…

(a) The powerholder of a power of appointment that is presently exercisable, whether general or special, can contract to make an appointment to the same extent that the powerholder could make an effective appointment. (b) The powerholder of a power of appointment cannot contract …

(a) Unless the creating instrument otherwise provides, a general or special power of appointment that is a discretionary power, whether testamentary or otherwise, may be released, either with or without consideration, by a written instrument signed by the powerholder and delivere…