Will.com / Power of attorney / California
CA · Durable Power of Attorney
Make your California power of attorney.
Name someone you trust to handle your finances if you can't. Legally valid in California once signed under the California signing rules below. Free to create, or add secure online document storage with the $29/year subscription.
California POA requirements
Key features in California
- 13 specific power categories (lines A through M), plus line N ('ALL OF THE POWERS LISTED ABOVE') as a catch-all
- Principal initials each granted line, or initials line N alone to grant all powers
- Certain acts require express authority under Cal. Prob. Code §4264 (e.g., creating or amending a trust, making gifts, designating beneficiaries), but the §4401 form does not include a separate 'hot powers' initials section
- Either 2 witnesses OR notary (not both required)
How it works
- 1
Answer a few questions
About your agent, the powers you want to grant, and when they take effect.
- 2
Download your power of attorney
A complete, personalized document, formatted for California.
- 3
Sign and share
Sign it in front of a notary. California law also accepts 2 qualifying witnesses in place of the notary (Cal. Prob. Code §4121(c)), but this document is drafted for the notary and has no witness lines. Give a copy to your agent.
Recording your California POA
None of the three sections California cites requires a power of attorney to be recorded. An instrument entitled to be recorded is recorded by the County Recorder of the county where the property is situated (Cal. Civ. Code §1169); before it can be recorded its execution must be acknowledged, and a power of attorney cannot instead be proved by a subscribing witness (Cal. Gov. Code §27287); an attorney in fact who transfers real property signs the principal's name and their own name as attorney in fact (Cal. Civ. Code §1095).
The recording office is the County Recorder of the county in which the real property affected is situated. See Cal. Civ. Code §1169 (instruments entitled to be recorded are recorded by the County Recorder of the county in which the real property affected is situated), Cal. Gov. Code §27287 (before an instrument can be recorded its execution must be acknowledged, and a power of attorney cannot instead be proved by a subscribing witness) and Cal. Civ. Code §1095 (an attorney in fact who executes an instrument transferring an estate in real property subscribes the principal's name and the attorney in fact's own name as attorney in fact).
Recent California POA law changes
California expands fiduciary access to digital assets
SB 1458 broadens RUFADAA to include agents acting under a power of attorney and court-appointed conservators, in addition to executors and trustees. Important for anyone with significant cryptocurrency or cloud accounts.
SB 1458
California remote online notarization law signed, phased rollout
SB 696 authorizes RON in California but delays implementation until the Secretary of State completes its technology project or until January 1, 2030, whichever comes first. Out-of-state RON is currently recognized for California documents.
SB 696 · Effective 2030-01-01
Two tiers, both private
Free: nothing leaves your browser. No account, no storage. Clear your answers whenever.
Subscription ($29/year): zero-knowledge encrypted storage. We store the ciphertext; only you hold the key. Edit and update as life changes.
Ready to create your POA?
Whatever you decide today, your family won’t have to guess. Start free, or save it to your account for $29 a year.