Prob. Code, § 4101 · Chapter 1. General Provisions
Prob. Code, § 4101
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Except as provided in subdivision (b), the principal may limit the application of any provision of this division by an express statement in the power of attorney or by providing an inconsistent rule in the power of attorney.
(b) A power of attorney may not limit either the application of a statute specifically providing that it is not subject to limitation in the power of attorney or a statute concerning any of the following:
(1) Warnings or notices required to be included in a power of attorney.
(2) Operative dates of statutory enactments or amendments.
(3) Execution formalities.
(4) Qualifications of witnesses.
(5) Qualifications of attorneys-in-fact.
(6) Protection of third persons from liability.
Notes and commentary — not statutory text
History
Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PROB§ionNum=4101.
- Text hash
- sha256 54de2efb678d841dd8f1f38e02e50a0c63ad0fd065aa533fbd70f9aeef5fd9e9
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.