Probate Code section 4303

(a)

A third person who acts in good faith reliance on a power of attorney is not liable to the principal or to any other person for so acting if all of the following requirements are satisfied:

(1)

The power of attorney is presented to the third person by the attorney-in-fact designated in the power of attorney.

(2)

The power of attorney appears on its face to be valid.

(3)

The power of attorney includes a notary public’s certificate of acknowledgment or is signed by two witnesses.

(b)

Nothing in this section is intended to create an implication that a third person is liable for acting in reliance on a power of attorney under circumstances where the requirements of subdivision (a) are not satisfied. Nothing in this section affects any immunity that may otherwise exist apart from this section.

Source: Section 4303, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PROB§ionNum=4303.­ (accessed May 19, 2025).

Last Updated

May 12, 2025

§ 4303’s source at ca​.gov