Section 4405 Of Chapter 1. General Provisions From California Probate Code >> Division 4.5. >> Part 3. >> Chapter 1.
4405
. (a) A statutory form power of attorney under this part that
limits the power to take effect upon the occurrence of a specified
event or contingency, including, but not limited to, the incapacity
of the principal, may contain a provision designating one or more
persons who, by a written declaration under penalty of perjury, have
the power to determine conclusively that the specified event or
contingency has occurred.
(b) A statutory form power of attorney that contains the provision
described in subdivision (a) becomes effective when the person or
persons designated in the power of attorney execute a written
declaration under penalty of perjury that the specified event or
contingency has occurred, and any person may act in reliance on the
written declaration without liability to the principal or to any
other person, regardless whether the specified event or contingency
has actually occurred.
(c) The provision described in subdivision (a) may be included in
the "Special Instructions" portion of the form set forth in Section
4401.
(d) Subdivisions (a) and (b) do not provide the exclusive method
by which a statutory form power of attorney under this part may be
limited to take effect upon the occurrence of a specified event or
contingency.