A Durable Power Of Attorney - California Legislative Information 2020-2024

A Durable Power Of Attorney - California Legislative Information: What You Should Know

POWER. 523.08, TRANSFER OF A DURABLE Power. 522.100, PROPERTY; 522.120, ELECTRICAL POWER. 522.130, HEALTH CARE, HEALTH AND SAFETY; 522.140, ECONOMIC STATUS; 522.150, HABITAT PLANNING. [a] Unless the person has in the immediate custody of the person a person to whom the principal has delegated authority and that person, to the best of the knowledge and belief of the principal, is competent to act, the principal shall not have the power and authority conferred by a power of attorney.  Where the principal's power of attorney designates the following: (1) The Attorney General, a designee of the Attorney General, a principal of the estate of the deceased; (2) A person licensed under chapter 632 who has been designated to act on behalf of the principal's estate on behalf of the deceased; and (3) A person licensed under chapter 632 who has been designated to act on behalf of the principal's estate and to act in the capacity of the principal's attorney in a case, where the principal has been physically incapacitated or is unconscious and is unable to understand the legal language used, the power of attorney shall not be valid.   [b] Notwithstanding s. 522.071 or s. 522.08 or any rules adopted pursuant to those sections, the successor trustee in a decedent's will has the same authority as the person named in the power of attorney or designated to act in that capacity and the successor trustee in a will has the same powers and duties as the person named in the power of attorney or with the same or greater authority and shall be designated to act on behalf of the person designated to act in the manner provided by this chapter.  In the absence of authority of the successor trustee, or if the successor trustee is disqualified under s. 529.09 and is unable to act, a successor trustee designated to act as successor trustee in the manner provided in this chapter is presumed to have the authority of his or her predecessor in interest (unless the presumption is rebutted by an adverse inference).   [c] Except as provided in subsection (3) and notwithstanding s. 529.09, a power of attorney under this section may not authorize the substitution of a substitute for the principal.

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