California Probate Code 4238 – (a) On termination of an attorney-in-fact’s authority, the …
(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.
Terms Used In California Probate Code 4238
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Community property: means :
California Probate Code 28
- Conservator: includes a limited conservator. See California Probate Code 30
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, or other entity. See California Probate Code 56
- Personal representative: means executor, administrator, administrator with the will annexed, special administrator, successor personal representative, public administrator acting pursuant to Section 7660, or a person who performs substantially the same function under the law of another jurisdiction governing the person's status. See California Probate Code 58
- Property: means anything that may be the subject of ownership and includes both real and personal property and any interest therein. See California Probate Code 62
- Spouse: includes domestic partner, as defined in Section 37 of this code, as required by §. See California Probate Code 72
(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.)