2005 California Probate Code Sections 4200-4207 Article 1. Qualifications and Authority of Attorneys-in-Fact

PROBATE CODE
SECTION 4200-4207

4200.  Only a person having the capacity to contract is qualified to
act as an attorney-in-fact.
4201.  Designating an unqualified person as an attorney-in-fact does
not affect the immunities of third persons nor relieve the
unqualified person of any applicable duties to the principal or the
principal's successors.
4202.  (a) A principal may designate more than one attorney-in-fact
in one or more powers of attorney.
   (b) Authority granted to two or more attorneys-in-fact is
exercisable only by their unanimous action.
   (c) If a vacancy occurs, the remaining attorneys-in-fact may
exercise the authority conferred as if they are the only
attorneys-in-fact.
   (d) If an attorney-in-fact is unavailable because of absence,
illness, or other temporary incapacity, the other attorneys-in-fact
may exercise the authority under the power of attorney as if they are
the only attorneys-in-fact, where necessary to accomplish the
purposes of the power of attorney or to avoid irreparable injury to
the principal's interests.
   (e) An attorney-in-fact is not liable for the actions of other
attorneys-in-fact, unless the attorney-in-fact participates in,
knowingly acquiesces in, or conceals a breach of fiduciary duty
committed by another attorney-in-fact.
4203.  (a) A principal may designate one or more successor
attorneys-in-fact to act if the authority of a predecessor
attorney-in-fact terminates.
   (b) The principal may grant authority to another person,
designated by name, by office, or by function, including the initial
and any successor attorneys-in-fact, to designate at any time one or
more successor attorneys-in-fact.
   (c) A successor attorney-in-fact is not liable for the actions of
the predecessor attorney-in-fact.
4204.  An attorney-in-fact is entitled to reasonable compensation
for services rendered to the principal as attorney-in-fact and to
reimbursement for reasonable expenses incurred as a result of acting
as attorney-in-fact.
4205.  (a) An attorney-in-fact may revocably delegate authority to
perform mechanical acts to one or more persons qualified to exercise
the authority delegated.
   (b) The attorney-in-fact making a delegation remains responsible
to the principal for the exercise or nonexercise of the delegated
authority.
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.
4207.  (a) An attorney-in-fact may resign by any of the following
means:
   (1) If the principal is competent, by giving notice to the
principal.
   (2) If a conservator has been appointed, by giving notice to the
conservator.
   (3) On written agreement of a successor who is designated in the
power of attorney or pursuant to the terms of the power of attorney
to serve as attorney-in-fact.
   (4) Pursuant to a court order.
   (b) This section is not subject to limitation in the power of
attorney.


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