Prob. Code, § 4238 · Article 2. Duties of Attorneys-in-Fact
Prob. Code, § 4238
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
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=4238.
- Text hash
- sha256 722f0301b10a3402e5cce868ebf4a2e0eee5d787405016d72f24d87c06b312ff
- 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.