Power of Attorney in California
What a California power of attorney needs to be valid — signing, witnesses, notary — and the official forms, plus health care directives.
Short answer: Yes, California has a Uniform Statutory Form Power of Attorney. A power of attorney must be dated, signed by the principal (or by another adult in the principal's name, presence and direction), and either notarized or signed by two qualified witnesses. Cal. Prob. Code §§ 4121, 4124, 4401
| Financial power of attorney | Yes, California has a Uniform Statutory Form Power of Attorney. A power of attorney must be dated, signed by the principal (or by another adult in the principal's name, presence and direction), and either notarized or signed by two qualified witnesses. A power of attorney is durable only if it says it survives (or begins on) the principal's incapacity, or uses similar words. Re-verified 2026-10-27. |
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| Health care directive | California uses an Advance Health Care Directive (a statutory form is available) that can name a health care agent and give instructions. It must be dated, signed by the person (or another adult at their direction), and either notarized or signed by two adult witnesses. The agent, the person's health care provider or provider's employee, and operators or employees of community care facilities or residential care facilities for the elderly cannot be witnesses, and further limits apply to one of the witnesses. An electronic directive must be notarized. Witness rules: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=4674 Re-verified 2026-10-27. |
| Official power of attorney forms | For health care, California law (Probate Code section 4701) governs the advance health care directive. The California Attorney General says there is no required form to document your wishes, although state law requires certain provisions to appear in the directive; sample forms are available from health and hospice care providers. |
Official forms
- Advance Health Care Directive form (Attorney General)
- Advance Health Care Directive form (Attorney General)
More California estate law
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- Small Estate Affidavit in California
- Quitclaim Deeds and Transferring Property in California
- Who Inherits If You Die Without a Will in California
- How to Make a Valid Will in California
- How Probate Works in California
- Living Wills and Advance Directives in California
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- Letters Testamentary in California
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- All California wills, probate and estate rules
FAQ
What are the requirements for a power of attorney in California?
Yes, California has a Uniform Statutory Form Power of Attorney. A power of attorney must be dated, signed by the principal (or by another adult in the principal's name, presence and direction), and either notarized or signed by two qualified witnesses. A power of attorney is durable only if it says it survives (or begins on) the principal's incapacity, or uses similar words.
What are the requirements for a health care directive in California?
California uses an Advance Health Care Directive (a statutory form is available) that can name a health care agent and give instructions. It must be dated, signed by the person (or another adult at their direction), and either notarized or signed by two adult witnesses. The agent, the person's health care provider or provider's employee, and operators or employees of community care facilities or residential care facilities for the elderly cannot be witnesses, and further limits apply to one of the witnesses. An electronic directive must be notarized.
Where can I get a power of attorney form in California?
For health care, California law (Probate Code section 4701) governs the advance health care directive. The California Attorney General says there is no required form to document your wishes, although state law requires certain provisions to appear in the directive; sample forms are available from health and hospice care providers.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.