2009 California Probate Code - Section 4150-4155 :: Chapter 3. Modification And Revocation Of Powers Of Attorney ..

PROBATE CODE
SECTION 4150-4155

4150.  (a) A principal may modify a power of attorney as follows:
   (1) In accordance with the terms of the power of attorney.
   (2) By an instrument executed in the same manner as a power of
attorney may be executed.
   (b) An attorney-in-fact or third person who does not have notice
of the modification is protected from liability as provided in
Chapter 5 (commencing with Section 4300).

4151.  (a) A principal may revoke a power of attorney as follows:
   (1) In accordance with the terms of the power of attorney.
   (2) By a writing. This paragraph is not subject to limitation in
the power of attorney.
   (b) An attorney-in-fact or third person who does not have notice
of the revocation is protected from liability as provided in Chapter
5 (commencing with Section 4300).

4152.  (a) Subject to subdivision (b), the authority of an
attorney-in-fact under a power of attorney is terminated by any of
the following events:
   (1) In accordance with the terms of the power of attorney.
   (2) Extinction of the subject or fulfillment of the purpose of the
power of attorney.
   (3) Revocation of the attorney-in-fact's authority, as provided in
Section 4153.
   (4) Death of the principal, except as to specific authority
permitted by statute to be exercised after the principal's death.
   (5) Removal of the attorney-in-fact.
   (6) Resignation of the attorney-in-fact.
   (7) Incapacity of the attorney-in-fact, except that a temporary
incapacity suspends the attorney-in-fact's authority only during the
period of the incapacity.
   (8) Dissolution or annulment of the marriage of the
attorney-in-fact and principal, as provided in Section 4154.
   (9) Death of the attorney-in-fact.
   (b) An attorney-in-fact or third person who does not have notice
of an event that terminates the power of attorney or the authority of
an attorney-in-fact is protected from liability as provided in
Chapter 5 (commencing with Section 4300).

4153.  (a) The authority of an attorney-in-fact under a power of
attorney may be revoked as follows:
   (1) In accordance with the terms of the power of attorney.
   (2) Where the principal informs the attorney-in-fact orally or in
writing that the attorney-in-fact's authority is revoked or when and
under what circumstances it is revoked. This paragraph is not subject
to limitation in the power of attorney.
   (3) Where the principal's legal representative, with approval of
the court as provided in Section 4206, informs the attorney-in-fact
in writing that the attorney-in-fact's authority is revoked or when
and under what circumstances it is revoked. This paragraph is not
subject to limitation in the power of attorney.
   (b) An attorney-in-fact or third person who does not have notice
of the revocation is protected from liability as provided in Chapter
5 (commencing with Section 4300).

4154.  (a) If after executing a power of attorney the principal's
marriage to the attorney-in-fact is dissolved or annulled, the
principal's designation of the former spouse as an attorney-in-fact
is revoked.
   (b) If the attorney-in-fact's authority is revoked solely by
subdivision (a), it is revived by the principal's remarriage to the
attorney-in-fact.

4155.  (a) Subject to subdivision (b), the authority of an
attorney-in-fact under a nondurable power of attorney is terminated
by the incapacity of the principal to contract.
   (b) An attorney-in-fact or third person who does not have notice
of the incapacity of the principal is protected from liability as
provided in Chapter 5 (commencing with Section 4300).
   (c) This section is not subject to limitation in the power of
attorney.


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