California Power Of Attorney: Fill & Download for Free

The following information first appeared in Dana H. Shultz's answer to How can I give someone in California the power of attorney while overseas?California law concerning powers of attorney is set forth in Probate Code Sections 4120–4130. Sections 4120–4122 provide the basis for this answer (emphasis added):4120. A natural person having the capacity to contract may execute a power of attorney.4121. A power of attorney is legally sufficient if all of the following requirements are satisfied:(a) The power of attorney contains the date of its execution.(b) The power of attorney is signed either (1) by the principal or (2) in the principal's name by another adult in the principal's presence and at the principal's direction.(c) The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122.4122. If the power of attorney is signed by witnesses, as provided in Section 4121, the following requirements shall be satisfied:(a) The witnesses shall be adults.(b) The attorney-in-fact may not act as a witness.(c) Each witness signing the power of attorney shall witness either the signing of the instrument by the principal or the principal's acknowledgment of the signature or the power of attorney.

Here are the provisions of the California Probate Code that define, and specify the scope of, durable powers of attorney:4124. A durable power of attorney is a power of attorney by which a principal designates another person as attorney-in-fact in writing and the power of attorney contains any of the following statements:(a) “This power of attorney shall not be affected by subsequent incapacity of the principal.”(b) “This power of attorney shall become effective upon the incapacity of the principal.”(c) Similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent incapacity.4125. All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal’s successors in interest as if the principal had capacity.4126. (a) A principal may nominate, by a durable power of attorney, a conservator of the person or estate or both, or a guardian of the person or estate or both, for consideration by the court if protective proceedings for the principal’s person or estate are thereafter commenced.(b) If the protective proceedings are conservatorship proceedings in this state, the nomination has the effect provided in Section 1810 and the court shall give effect to the most recent writing executed in accordance with Section 1810, whether or not the writing is a durable power of attorney.4127. Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney.

California View: There is no legal way to sign a document for a dead person. Powers of Attorney, even Durable Powers of Attorney do not survive death. While estate executors and administrators can sign documents on behalf of the decedent’s estate or a trustee for a decedent’s trust, they are signing for the estate or trust and not for the decedent. Say for example the executor endorses a check made out to the decedent. The check now belongs to the estate and the proceeds are deposited in a trust account established for the estate.