Section 4206 Of Article 1. Qualifications And Authority Of Attorneys-in-fact From California Probate Code >> Division 4.5. >> Part 2. >> Chapter 4. >> Article 1.
4206
. (a) If, following execution of a durable power of attorney, a
court of the principal's domicile appoints a conservator of the
estate, guardian of the estate, or other fiduciary charged with the
management of all of the principal's property or all of the principal'
s property except specified exclusions, the attorney-in-fact is
accountable to the fiduciary as well as to the principal. Except as
provided in subdivision (b), the fiduciary has the same power to
revoke or amend the durable power of attorney that the principal
would have had if not incapacitated, subject to any required court
approval.
(b) If a conservator of the estate is appointed by a court of this
state, the conservator can revoke or amend the durable power of
attorney only if the court in which the conservatorship proceeding is
pending has first made an order authorizing or requiring the
fiduciary to modify or revoke the durable power of attorney and the
modification or revocation is in accord with the order.
(c) This section is not subject to limitation in the power of
attorney.