Power of Attorney and Health Care – General – California
The statutory form set out in §4401 is legally sufficient when the requirements of §4402 are satisfied.
A statutory form power of attorney under this part is legally sufficient if all of the following requirements are satisfied:
The wording of the form complies substantially with §4401.
The form is properly completed.
The signature of the principal is acknowledged.
A statutory form power of attorney legally sufficient is durable to the extent that the power of attorney contains language, such as “This power of attorney will continue to be effective even though I become incapacitated,” showing the intent of the principal that the power granted may be exercised notwithstanding later incapacity.
A statutory form power of attorney 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.
A statutory form power of attorney that contains a contingency provision 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.
A form that complies with the requirements of any law other than the provisions of the Uniform Statutory Power of Attorney Act may be used instead of the form set forth in §4401.