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Uniform Statutory Form Power of Attorney (California Probate Code Section 4401)
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Uniform Statutory Form Power of Attorney in short
The California Uniform Statutory Form Power of Attorney lets an adult appoint an agent for property and financial matters by initialing a list of powers. It is legally sufficient when its wording substantially complies with Probate Code Section 4401, it is properly completed, and the principal's signature is acknowledged.
| Issued by | Sacramento County Public Law Library (copy of the form in California Probate Code Section 4401) |
|---|---|
| Current version | No revision printed. Form wording follows Probate Code 4401 as amended by Stats. 2011, Ch. 113 (AB 1082), effective January 1, 2012. (checked 2026-10-25) |
| Who fills it in | A principal in California who wants to grant financial powers to an agent. Only a person with the capacity to contract can act as agent (Probate Code 4200). |
| Who receives it | Not filed with the state. Third parties receive a copy when the agent acts. |
| Where to send it | Not sent to any agency. |
| Deadline | No deadline. |
| Official links | Official page · Official PDF |
What changed
The 2011 amendment (AB 1082) added a notice that the listed powers do not include all powers available under the Probate Code, and changed the insurance, retirement and estate and trust powers. No later change to Section 4401 was found.
How to fill out Uniform Statutory Form Power of Attorney, line by line
| Notice | Statutory notice Explains the powers are broad, that it does not cover health care, and that you may revoke it. |
| Appointment | Your name and address; agent's name and address Name one agent or more than one. |
| Powers (A) to (N) | Initial the powers you grant Initial (N) to grant all powers, or initial each power you want. Powers you do not initial are withheld. |
| Special instructions | Limits or extra powers Optional. Limit the powers, or add Probate Code powers that are not on the list by naming them here. |
| Durability | Continues if incapacitated The form is effective immediately and continues if you become incapacitated. Cross out that sentence if you do not want it to continue. |
| More than one agent | Jointly or separately Write SEPARATELY if each agent may act alone. If blank or JOINTLY, all agents must act together. |
| Signature | Date, signature, state and county Sign and date. The signature must be acknowledged, so a notary attaches an acknowledgment certificate. |
Common mistakes to avoid
- Not having the signature acknowledged by a notary. Section 4402 requires acknowledgment for the statutory form.
- Editing the printed wording. The library warns that changes may invalidate the form, since it must comply substantially with Section 4401.
- Naming two agents and leaving the blank empty when you want each to act alone. They must then act together.
- Forgetting to cross out the durability sentence if you want the power to end on incapacity.
- Expecting it to cover health care decisions. It does not.
- Assuming the list covers every power. Powers such as creating trusts or making gifts must be granted expressly (Probate Code 4264).
Questions about Uniform Statutory Form Power of Attorney
Does the California statutory form need a notary?
Yes. Probate Code 4402 makes the statutory form legally sufficient only if the principal's signature is acknowledged. Other power of attorney forms may use two witnesses instead under Section 4121.
When does it take effect?
Unless you direct otherwise in the special instructions, it is effective immediately and continues until revoked.
Is it durable?
Yes, unless you cross out the sentence saying it continues if you become incapacitated (Probate Code 4404).
How do I revoke it?
A principal may revoke it as the document allows, or by a writing. An agent's authority is also revoked when the principal tells the agent orally or in writing. Third parties without notice of the revocation are protected.
Who can be my agent?
Only a person with the capacity to contract (Probate Code 4200). If you name more than one, they act together unless you write SEPARATELY.
Where is the official form?
The form is in Probate Code Section 4401, but the Legislature's website does not show its text and refers to the printed 2011 statute. County law libraries publish copies. Rules vary by situation. Check the official statute and guidance linked on this page before you sign.
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Sources
Checked against the official sources on 2026-10-25. PDF Editor Hub is not affiliated with the Sacramento County Public Law Library or any government agency. This page is general information, not legal or tax advice.
- https://saclaw.org/resource_library/power-of-attorney-california-uniform-statutory/
- https://saclaw.org/wp-content/uploads/2023/04/form-uniform-form-power-of-attorney.pdf
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4401.&lawCode=PROB
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4402.&lawCode=PROB
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4404.&lawCode=PROB
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4121.&lawCode=PROB
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4151.&lawCode=PROB
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4153.&lawCode=PROB
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4200.&lawCode=PROB
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4264.&lawCode=PROB
- https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201120120AB1082