Chapter 1. Short Title And Definitions of California Probate Code >> Division 4.5. >> Part 1. >> Chapter 1.
This division may be cited as the Power of Attorney Law.
Sections 4124, 4125, 4126, 4127, 4206, 4304, and 4305 may be
cited as the Uniform Durable Power of Attorney Act.
Unless the provision or context otherwise requires, the
definitions in this chapter govern the construction of this division.
(a) "Attorney-in-fact" means a person granted authority to
act for the principal in a power of attorney, regardless of whether
the person is known as an attorney-in-fact or agent, or by some other
term.
(b) "Attorney-in-fact" includes a successor or alternate
attorney-in-fact and a person delegated authority by an
attorney-in-fact.
"Durable power of attorney" means a power of attorney that
satisfies the requirements for durability provided in Section 4124.
"Power of attorney" means a written instrument, however
denominated, that is executed by a natural person having the capacity
to contract and that grants authority to an attorney-in-fact. A
power of attorney may be durable or nondurable.
"Principal" means a natural person who executes a power of
attorney.
"Springing power of attorney" means a power of attorney that
by its terms becomes effective at a specified future time or on the
occurrence of a specified future event or contingency, including, but
not limited to, the subsequent incapacity of the principal. A
springing power of attorney may be a durable power of attorney or a
nondurable power of attorney.
"Third person" means any person other than the principal or
attorney-in-fact.