AB 2199

Introduced by Assembly Member Macedo
 An act to add Section 4466 to, and to repeal and add Section 4401 of, the Probate Code, relating to powers of attorney.
powers of attorney
Statutory form power of attorney.
Existing law sets forth the law of agency and powers of attorney, including durable powers of attorney. The Uniform Statutory Form Power of Attorney Act establishes the procedures by which a person may appoint another person as their agent with various powers over property, business, estate, trust, and other decisions, and sets forth a statutory form to be used for granting power of attorney.
This bill would revise and recast the statutory form for power of attorney to, among other things, allow the appointment of a successor agent or agents and authorize the individual to nominate the agent or co-agents to be appointed as the conservator or co-conservators of the individual’s estate. The bill would include in the statutory form options for appointment of attorney for authority over digital assets, including authority over a catalogue of
		electronic communications without the content of the electronic communications sent or received, authority over the content of electronic communications sent or received, or authority over a catalogue of electronic communications and the content of electronic communications sent or received. The bill would specify that the language granting powers in a statutory form power of attorney with respect to digital assets, catalogue of electronic communications, and content of electronic communications has the same meanings as set forth in the Revised Uniform Fiduciary Access to Digital Assets Act.
The people of the State of California do enact as follows:
SECTION 1.
Section 4401 of the
Probate Code
 is repealed.
SEC. 2.
Section 4401 is added to the
Probate Code
, to read:
4401.
The following statutory form power of attorney is legally sufficient when the requirements of Section 4402 are satisfied:
 UNIFORM STATUTORY FORM POWER OF ATTORNEY
 (California Probate Code Section 4401)
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-4466). THE POWERS LISTED IN THIS DOCUMENT DO NOT INCLUDE ALL POWERS THAT ARE AVAILABLE UNDER THE PROBATE CODE. ADDITIONAL POWERS AVAILABLE UNDER THE PROBATE CODE MAY BE ADDED BY SPECIFICALLY LISTING THEM UNDER THE
				  SPECIAL INSTRUCTIONS SECTION OF THIS DOCUMENT. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
  APPOINTMENT OF AGENT
I,
(your name and address), appoint:
(name and address of the person appointed, or of each person appointed if you want to designate more than one) as my agent (attorney-in-fact) to act for me in any lawful way with respect to the powers granted herein
  OPTIONAL APPOINTMENT OF SUCCESSOR AGENT
◻  If any agent  OR  ◻  If all agents named above are unable or unwilling to act as my agent, I appoint:
        (name and address of the person appointed, or of each person
        appointed if you want to designate more than one) as my successor
  agent(s) to act for me in any lawful way with respect to the powers
  granted herein.
 EXERCISE OF POWER WHERE MORE THAN ONE AGENT DESIGNATED
If I have designated more than one agent, the agents:
  ◻  may act separately  OR  ◻  must act jointly
IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE ABLE TO ACT ALONE WITHOUT THE OTHER AGENT(S) JOINING, MARK THE BOX BEFORE THE WORDS “MAY ACT SEPARATELY” ABOVE. IF YOU MARK THE BOX BEFORE THE WORDS “MUST ACT JOINTLY” OR IF YOU FAIL TO MARK EITHER BOX, THEN ALL OF YOUR
				  AGENTS MUST ACT OR SIGN TOGETHER.
  GENERAL POWERS GRANTED
TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS.
TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.
TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.
 INITIAL
 ________
(A)  Real property transactions
 ________
(B)  Tangible personal property transactions
 ________
(C)  Stock and bond transactions
 ________
(D)  Commodity and option transactions
 ________
(E)  Banking and other financial institution transactions
 ________
(F)  Business operating transactions
 ________
(G)  Insurance and annuity transactions
 ________
(H)  Estate, trust, and other beneficiary transactions
 ________
(I)  Claims and litigation
 ________
(J)  Personal and family maintenance
 ________
(K)  Benefits from social security, Medicare, Medicaid, or other governmental programs, or civil or military service
 ________
(L)  Retirement plan transactions
 ________
(M)  Tax matters
 ________
(N)  All of the powers listed above
YOU NEED NOT INITIAL ANY OTHER LINES ABOVE IF YOU INITIAL LINE (N).
  ADDITIONAL POWERS REGARDING DIGITAL ASSETS
TO GRANT ALL OF THE FOLLOWING POWERS REGARDING DIGITAL ASSETS, INITIAL THE LINE IN FRONT OF (Q) AND IGNORE THE LINES IN FRONT OF LINE (O) AND LINE (P).
TO GRANT ONLY ONE OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF THE POWER YOU ARE GRANTING.
TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.
FOR ADDITIONAL INFORMATION ON THESE POWERS, REFER TO SECTION 4466 OF THE PROBATE CODE AND THE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (PART 20 (COMMENCING WITH SECTION 870) OF DIVISION 2 OF THE PROBATE CODE).
IF YOU HAVE PROVIDED OTHER DIRECTIONS REGARDING ACCESS TO DIGITAL ASSETS IN A TERMS-OF-SERVICE AGREEMENT WITH THE CUSTODIAN OR THE ELECTRONIC COMMUNICATIONS SERVICE PROVIDER, THOSE DIRECTIONS MAY SUPERSEDE
				  THESE.
 ________
(O)  Authority over digital assets (which, if only this line is initialed in this section, includes access to a catalogue of electronic communications, but not the content of electronic communications sent or received)
 ________
(P)  Authority over the content of electronic communications sent or received
 ________
(Q)  Both of the powers listed above
YOU NEED NOT INITIAL LINE (O) OR LINE (P) ABOVE IF YOU INITIAL LINE (Q).
 SPECIAL INSTRUCTIONS:
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR
				  EXTENDING THE POWERS GRANTED TO YOUR AGENT(S).
( Add additional sheets if needed. )
UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
This power
				  of attorney will continue to be effective even though I become incapacitated.
STRIKE THE PRECEDING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO CONTINUE IF YOU BECOME INCAPACITATED.
  OPTIONAL NOMINATION OF CONSERVATOR OF MY ESTATE
◻ If I mark this box, I nominate my agent(s) or co-agents, in the order designated in this form, to be appointed as the conservator or co-conservators of my estate if one needs to be appointed for me by a court.
  NOTICE TO THIRD PARTIES
Any third party who receives a copy of this document may act under it. A third party may seek identification from my agents to prove their identity. Revocation of the power of attorney is not effective as to a
				  third party until the third party has actual knowledge of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. This power of attorney is enforceable pursuant to Probate Code Section 4406.
Signed this day of   , 20 ____.
(Your signature)
State of   County of
BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
[Include certificate of acknowledgment of notary public in compliance with Section 1189 of the Civil Code or other applicable law.]
(A)  Real property transactions
(A)  Real property transactions
SEC. 3.
Section 4466 is added to the
Probate Code
, to read:
4466.
In a statutory form power of attorney, the language granting powers with respect to digital assets, catalogue of electronic communications, and content of electronic communications has the same meanings as set forth in the Revised Uniform Fiduciary Access to Digital Assets Act (Part 20 (commencing with Section 870) of Division 2).