2005 California Probate Code Sections 4260-4266 Article 3. Authority of Attorneys-in-Fact

SECTION 4260-4266

4260.  This article does not apply to statutory form powers of
attorney under Part 3 (commencing with Section 4400).
4261.  If a power of attorney grants general authority to an
attorney-in-fact and is not limited to one or more express actions,
subjects, or purposes for which general authority is conferred, the
attorney-in-fact has all the authority to act that a person having
the capacity to contract may carry out through an attorney-in-fact
specifically authorized to take the action.
4262.  Subject to this article, if a power of attorney grants
limited authority to an attorney-in-fact, the attorney-in-fact has
the following authority:
   (a) The authority granted in the power of attorney, as limited
with respect to permissible actions, subjects, or purposes.
   (b) The authority incidental, necessary, or proper to carry out
the granted authority.
4263.  (a) A power of attorney may grant authority to the
attorney-in-fact by incorporating powers by reference to another
statute, including, but not limited to, the following:
   (1) Powers of attorneys-in-fact provided by the Uniform Statutory
Form Power of Attorney Act (Part 3 (commencing with Section 4400)).
   (2) Powers of guardians and conservators provided by Chapter 5
(commencing with Section 2350) and Chapter 6 (commencing with Section
2400) of Part 4 of Division 4.
   (3) Powers of trustees provided by Chapter 2 (commencing with
Section 16200) of Part 4 of Division 9.
   (b) Incorporation by reference to another statute includes any
amendments made to the incorporated provisions after the date of
execution of the power of attorney.
4264.  A power of attorney may not be construed to grant authority
to an attorney-in-fact to perform any of the following acts unless
expressly authorized in the power of attorney:
   (a) Create, modify, or revoke a trust.
   (b) Fund with the principal's property a trust not created by the
principal or a person authorized to create a trust on behalf of the
   (c) Make or revoke a gift of the principal's property in trust or
   (d) Exercise the right to make a disclaimer on behalf of the
principal. This subdivision does not limit the attorney-in-fact's
authority to disclaim a detrimental transfer to the principal with
the approval of the court.
   (e) Create or change survivorship interests in the principal's
property or in property in which the principal may have an interest.
   (f) Designate or change the designation of beneficiaries to
receive any property, benefit, or contract right on the principal's
   (g) Make a loan to the attorney-in-fact.
4265.  A power of attorney may not authorize an attorney-in-fact to
make, publish, declare, amend, or revoke the principal's will.
4266.  The grant of authority to an attorney-in-fact, whether by the
power of attorney, by statute, or by the court, does not in itself
require or permit the exercise of the power.  The exercise of
authority by an attorney-in-fact is subject to the attorney-in-fact's
fiduciary duties.

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