2005 California Probate Code Sections 4230-4238 Article 2. Duties of Attorneys-in-Fact

PROBATE CODE
SECTION 4230-4238

4230.  (a) Except as provided in subdivisions (b) and (c), a person
who is designated as an attorney-in-fact has no duty to exercise the
authority granted in the power of attorney and is not subject to the
other duties of an attorney-in-fact, regardless of whether the
principal has become incapacitated, is missing, or is otherwise
unable to act.
   (b) Acting for the principal in one or more transactions does not
obligate an attorney-in-fact to act for the principal in a subsequent
transaction, but the attorney-in-fact has a duty to complete a
transaction that the attorney-in-fact has commenced.
   (c) If an attorney-in-fact has expressly agreed in writing to act
for the principal, the attorney-in-fact has a duty to act pursuant to
the terms of the agreement.  The agreement to act on behalf of the
principal is enforceable against the attorney-in-fact as a fiduciary
regardless of whether there is any consideration to support a
contractual obligation.
4231.  (a) Except as provided in subdivisions (b) and (c), in
dealing with property of the principal, an attorney-in-fact shall
observe the standard of care that would be observed by a prudent
person dealing with property of another and is not limited by any
other statute restricting investments by fiduciaries.
   (b) If an attorney-in-fact is not compensated, the
attorney-in-fact is not liable for a loss to the principal's property
unless the loss results from the attorney-in-fact's bad faith,
intentional wrongdoing, or gross negligence.
   (c) An attorney-in-fact who has special skills or expertise or was
designated as an attorney-in-fact on the basis of representations of
special skills or expertise shall observe the standard of care that
would be observed by others with similar skills or expertise.
4232.  (a) An attorney-in-fact has a duty to act solely in the
interest of the principal and to avoid conflicts of interest.
   (b) An attorney-in-fact is not in violation of the duty provided
in subdivision (a) solely because the attorney-in-fact also benefits
from acting for the principal, has conflicting interests in relation
to the property, care, or affairs of the principal, or acts in an
inconsistent manner regarding the respective interests of the
principal and the attorney-in-fact.
4233.  (a) The attorney-in-fact shall keep the principal's property
separate and distinct from other property in a manner adequate to
identify the property clearly as belonging to the principal.
   (b) An attorney-in-fact holding property for a principal complies
with subdivision (a) if the property is held in the name of the
principal or in the name of the attorney-in-fact as attorney-in-fact
for the principal.
4234.  (a) To the extent reasonably practicable under the
circumstances, an attorney-in-fact has a duty to keep in regular
contact with the principal, to communicate with the principal, and to
follow the instructions of the principal.
   (b) With court approval, the attorney-in-fact may disobey
instructions of the principal.
4235.  If the principal becomes wholly or partially incapacitated,
or if there is a question concerning the capacity of the principal to
give instructions to and supervise the attorney-in-fact, the
attorney-in-fact may consult with a person previously designated by
the principal for this purpose, and may also consult with and obtain
information needed to carry out the attorney-in-fact's duties from
the principal's spouse, physician, attorney, accountant, a member of
the principal's family, or other person, business entity, or
government agency with respect to matters to be undertaken on the
principal's behalf and affecting the principal's personal affairs,
welfare, family, property, and business interests.  A person from
whom information is requested shall disclose relevant information to
the attorney-in-fact. Disclosure under this section is not a waiver
of any privilege that may apply to the information disclosed.
4236.  (a) The attorney-in-fact shall keep records of all
transactions entered into by the attorney-in-fact on behalf of the
principal.
   (b) The attorney-in-fact does not have a duty to make an account
of transactions entered into on behalf of the principal, except in
the following circumstances:
   (1) At any time requested by the principal.
   (2) Where the power of attorney requires the attorney-in-fact to
account and specifies to whom the account is to be made.
   (3) On request by the conservator of the estate of the principal
while the principal is living.
   (4) On request by the principal's personal representative or
successor in interest after the death of the principal.
   (5) Pursuant to court order.
   (c) The following persons are entitled to examine and copy the
records kept by the attorney-in-fact:
   (1) The principal.
   (2) The conservator of the estate of the principal while the
principal is living.
   (3) The principal's personal representative or successor in
interest after the death of the principal.
   (4) Any other person, pursuant to court order.
   (d) This section is not subject to limitation in the power of
attorney.
4237.  An attorney-in-fact with special skills has a duty to apply
the full extent of those skills.
4238.  (a) On termination of an attorney-in-fact's authority, the
attorney-in-fact shall promptly deliver possession or control of the
principal's property as follows:
   (1) If the principal is not incapacitated, to the principal or as
directed by the principal.
   (2) If the principal is incapacitated, to the following persons
with the following priority:
   (A) To a qualified successor attorney-in-fact.
   (B) As to any community property, to the principal's spouse.
   (C) To the principal's conservator of the estate or guardian of
the estate.
   (3) In the case of the death of the principal, to the principal's
personal representative, if any, or the principal's successors.
   (b) On termination of an attorney-in-fact's authority, the
attorney-in-fact shall deliver copies of any records relating to
transactions undertaken on the principal's behalf that are requested
by the person to whom possession or control of the property is
delivered.
   (c) Termination of an attorney-in-fact's authority does not
relieve the attorney-in-fact of any duty to render an account of
actions taken as attorney-in-fact.
   (d) The attorney-in-fact has the powers reasonably necessary under
the circumstances to perform the duties provided by this section.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.