Is a California Power of Attorney still in effect after 30 years?

Full question:

In 1979, my brother granted and executed a Power of Attorney (Special) regarding a parcel of property that we own togetherness Tenants in Common. The POA was executed in Los Angeles County, Ca and the executive thereof was attested to by a Notary Public. The document was never recorded. But I have the original. The POA does not explicitly refer to any limit of time under which the POA would be valid and effective nor does is mention any condition under which the POA could or would be revoked. Question - Is this POA still in full force and effect?

• Category: Power of Attorney
• Date: 04/07/2025
• State: California

Answer:

In California a power of attorney is effective if it meets the following criteria set out in California's Probate Code:

(a) The power of attorney contains the date of its execution.

(b) The power of attorney is signed either (1) by the principal or (2) in the principal's name by another adult in the principal's presence and at the principal's direction.

(c) The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122.

Specifically section 4123 (b) states that:

with regard to property matters, a power of attorney may grant authority to make decisions concerning all or part of the principal's real and personal property, whether owned by the principal at the time of the execution of the power of attorney or thereafter acquired or whether located in this state or elsewhere, without the need for a description of each item or parcel of property.

The California Probate Code addresses termination of a power of attorney in section 4127 which states:

Unless a power of attorney states a time of termination, the authority of the attorney-in-fact is exercisable notwithstanding any lapse of time since execution of the power of attorney.

You may want to consult an attorney to be sure that your POA does not specify a contingency that terminates the power granted. It is also important to note that although your POA is still legally valid, some organizations may have internal policies that require POA's to be signed within a certain time frame to be acceptable.