(a) If a power of attorney provides that the Power of Attorney Law of this state governs the power of attorney or otherwise indicates the principal’s intention that the Power of Attorney Law of this state governs the power of attorney, this division governs the power of attorney and applies to acts and transactions of the attorney-in-fact in this state or outside this state where any of the following conditions is satisfied:
(1) The principal or attorney-in-fact was domiciled in this state when the principal executed the power of attorney.
(2) The authority conferred on the attorney-in-fact relates to property, acts, or transactions in this state.
(3) The acts or transactions of the attorney-in-fact occurred or were intended to occur in this state.
(4) The principal executed the power of attorney in this state.
(5) There is otherwise a reasonable relationship between this state and the subject matter of the power of attorney.
(b) If subdivision (a) does not apply to the power of attorney, this division governs the power of attorney and applies to the acts and transactions of the attorney-in-fact in this state where either of the following conditions is satisfied:
(1) The principal was domiciled in this state when the principal executed the power of attorney.
(2) The principal executed the power of attorney in this state.
(c) A power of attorney described in this section remains subject to this division despite a change in domicile of the principal or the attorney-in-fact, or the removal from this state of property that was the subject of the power of attorney.
(Added by Stats. 1994, Ch. 307, Sec. 16. Effective January 1, 1995.)
Last modified: October 25, 2018