2011 California Code
Probate Code
DIVISION 4.5. POWERS OF ATTORNEY [4000 - 4545]
ARTICLE 2. Duties of Attorneys-in-Fact
Section 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.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
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