Durable Power of Attorney
(Management of Property and Personal Affairs) (Short Form) (CA)

Summary

This is a short-form durable power of attorney for management of property and personal affairs used in California to authorize an attorney in fact to manage the principal's property and other personal affairs (except for health care). This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. Most of the powers included in this template are taken from Cal. Prob. Code §§ 4450-4463, which set forth the powers that may be incorporated by reference into the Uniform Statutory Form Power of Attorney. However, instead of fully describing those statutory powers, as is done in the long-form Durable Power of Attorney, this template summarizes the powers and incorporates them by reference. Besides authorizing the attorney in fact to act on the principal's behalf, this form also includes clauses regarding its period of effectiveness, reimbursement, and compensation of the attorney in fact, and other matters relating to its implementation and interpretation. Although this template is somewhat less comprehensive and flexible than the long-form Durable Power of Attorney, it may be used in those situations in which the principal wishes to allow the attorney in fact to exercise broad discretion in the management of the principal's affairs. If some flexibility is desired, the optional clauses in the long-form Durable Power of Attorney may be reviewed and incorporated in this template with care. In Garrison v. Superior Court (2005) 132 Cal. App. 4th 253 and Hogan v. Country Villa Health Services (2007) 148 Cal. App. 4th 259, the court held that an agent under an advance health care directive may bind the principal to arbitration under the contracts signed by the agent. While, in general, the principal may wish the agent to have broad powers, the principal may wish to prevent the agent from being able to bind the principal to arbitration. Thus, this template contains optional clauses that explicitly withhold the power to execute contracts that bind the principal to arbitration. The principal may still wish to grant the agent the power to submit to arbitration, since choosing arbitration when it is in the principal's interest is different from signing contracts that require arbitration. This template contains an optional clause that grants the agent the power to submit to arbitration. This template addresses nomination of conservator of the estate, not of the person. Nomination of the conservator of the person is addressed in the advance health care directive form. The alternate clause which empowers the attorney in fact to nominate a conservator of the person should not be used if the advance health care directive already nominates a conservator of the person. For a full listing of key content related to estate plans for married or partnered people in California, see Estate Plan for Individual with Spouse or Partner Resource Kit (CA).