California's New Power of Attorney Form (AB 2199, Jan 1, 2027): Do You Need to Update Your POA?
Educational guide for California families. This article is general educational information, not legal advice. Whether your own power of attorney should be updated depends on how it was written and what you need it to do. Talk with a California estate planning attorney before you sign or revoke any document.
As of: November 2, 2026 (PT).
Law status: effective January 1, 2027. AB 2199 (Macedo) was approved by the Governor and filed with the Secretary of State on June 30, 2026 as Chapter 47, Statutes of 2026. It contains no urgency clause or separate operative date, so under Government Code §9600(a) it takes effect January 1, 2027.
At a glance
- What changes: the wording of the optional fill-in form in §4401. Nothing in AB 2199 amends the general signing rules in §4121.
- What is new: successor agents, a conservator nomination checkbox, and lines (O), (P), and (Q) for digital assets and electronic communications, defined by reference to California's Revised Uniform Fiduciary Access to Digital Assets Act (§4466; §870 and following).
- What AB 2199 does not say: it has no transition clause and no language requiring anyone to redo a power of attorney signed before 2027.
- Why review anyway: an older document may have no backup agent, no digital asset authority, or an agent who is no longer the right choice.
- Law status: effective January 1, 2027. AB 2199 (Macedo) was approved by the Governor and filed with the Secretary of State on June 30, 2026 as Chapter 47, Statutes of 2026.
On this page
- At a glance
- Quick answer: what changes on January 1, 2027?
- What does AB 2199 do?
- What is new in the 2027 statutory form?
- Is my current power of attorney still valid after 2027?
- Should you review your POA anyway?
- Should you use the statutory form or a custom durable power of attorney?
- How does a POA fit with your trust and health care directive?
- Which signing requirements did not change?
- How can CBM help?
- Related guides
- Frequently asked questions
- What sources does this guide rely on?
- Next step
Quick answer: what changes on January 1, 2027?
Short answer: On January 1, 2027, AB 2199 replaces California's optional statutory power of attorney form (Probate Code §4401) and adds §4466. The new form adds optional successor agents, an optional nomination of your agent as conservator of your estate, and digital asset powers. AB 2199 does not say existing powers of attorney stop working or must be re-signed.
What does AB 2199 do?
Repeals and replaces the statutory form in Probate Code §4401; adds §4466
The chaptered bill is short. Section 1 repeals §4401. Section 2 adds a new §4401 containing the revised Uniform Statutory Form Power of Attorney, which, as before, is "legally sufficient when the requirements of Section 4402 are satisfied." Section 3 adds §4466, which says that in a statutory form power of attorney, the language granting powers over digital assets, a catalogue of electronic communications, and the content of electronic communications "has the same meanings as set forth in the Revised Uniform Fiduciary Access to Digital Assets Act."
The statutory form is optional; custom durable POAs remain available
The §4401 form is one way to make a financial power of attorney, not the only way. Under Probate Code §4121, a power of attorney is legally sufficient when it is dated, signed by the principal (or by another adult in the principal's name, in the principal's presence and at the principal's direction), and either acknowledged before a notary public or signed by two qualified witnesses. AB 2199 does not change §4121. Attorney drafted durable powers of attorney continue to be used.
What is new in the 2027 statutory form?
Successor agents
The new form includes an "Optional Appointment of Successor Agent" section. You choose whether the successor steps in "If any agent" or "If all agents named above are unable or unwilling to act as my agent." The form also keeps the choice of whether multiple agents "may act separately" or "must act jointly."
Optional nomination of the agent as conservator of the estate
The new form includes an "Optional Nomination of Conservator of My Estate" checkbox: "If I mark this box, I nominate my agent(s) or co-agents, in the order designated in this form, to be appointed as the conservator or co-conservators of my estate if one needs to be appointed for me by a court." Separately, Probate Code §1810 already lets a proposed conservatee with sufficient capacity nominate a conservator in a signed writing, and directs the court to appoint the nominee unless that is not in the person's best interests. A well drafted durable power of attorney may help avoid a conservatorship in the first place.
Digital assets and electronic communications powers
The new form adds three lines:
- (O) authority over digital assets, which, if only this line is initialed, includes access to a catalogue of electronic communications but not their content;
- (P) authority over the content of electronic communications sent or received; and
- (Q) both of those powers.
The form warns that directions you gave a provider in its terms of service "may supersede these." It also points readers to §4466 and the Revised Uniform Fiduciary Access to Digital Assets Act (Probate Code §870 and following).
Is my current power of attorney still valid after 2027?
AB 2199 does not say that powers of attorney signed before January 1, 2027 are revoked, invalid, or must be re-signed. The chaptered text has no transition or savings clause either way. It simply repeals and re-adds §4401 and adds §4466.
Two existing provisions help frame the question:
- Probate Code §4054(a): "this division applies to all powers of attorney regardless of whether they were executed before, on, or after January 1, 1995," and §4054(d) says the division does not affect the validity of a power of attorney executed before 1995 that was valid under prior law.
- Probate Code §4121: the general requirements for a legally sufficient power of attorney (date, signature, and notary or two witnesses) are unchanged.
What the statute does not answer directly is how a third party will treat a pre-2027 version of the statutory form after the new form takes effect. Banks and brokerages sometimes have their own preferences. If you signed the old statutory form, or plan to sign one in December 2026, ask an attorney whether a new document makes sense for you. Do not assume your document is invalid, and do not assume every institution will accept it without questions.
Should you review your POA anyway?
- Your agent is no longer the right person because of health, distance, divorce, or a change in the relationship.
- There is no successor agent, so the document stops being useful if your one agent cannot serve.
- There is no digital asset authority, and your financial life now runs through online accounts and email.
- A bank has hesitated to accept an older form.
- Life has changed: marriage, a death in the family, a move to California, a new home, or a new trust.
Should you use the statutory form or a custom durable power of attorney?
| Feature | Statutory form (Prob. Code §4401, new form from Jan. 1, 2027) | Custom durable power of attorney (Prob. Code §4121) |
|---|---|---|
| Who drafts it | You fill in a fixed form | Usually an attorney, tailored to your plan |
| Signing | Principal's signature must be acknowledged (notarized) under §4402(c) | Notary acknowledgment or two qualified witnesses under §4121 |
| Gifts, trust changes, beneficiary changes | Additional powers must be specifically listed in the special instructions; §4264 requires express authority | Can be drafted to grant, limit, or withhold these powers expressly |
| Durability | Continues during incapacity unless you strike that sentence | Durable when it says so (§4124) |
| Ends at death | Yes (§4152(a)(4)) | Yes (§4152(a)(4)) |
Under Probate Code §4264, an agent may not create, modify, revoke, or terminate a trust, make gifts, or change beneficiary designations unless the power of attorney expressly grants that authority. The new form itself says its listed powers "do not include all powers that are available under the Probate Code" and that additional powers "may be added by specifically listing them" in the special instructions.
How does a POA fit with your trust and health care directive?
A financial power of attorney covers property that is not in your trust, such as an IRA or a car titled in your name, and tasks like filing taxes. Your successor trustee manages trust assets. Your advance health care directive covers medical decisions; the new form states that it "does not authorize anyone to make medical and other health-care decisions for you." See successor trustee vs. power of attorney, durable power of attorney and advance health care directive, living will vs. living trust, and how to fund a living trust.
Which signing requirements did not change?
- Probate Code §4121 (dated; signed; notary or two witnesses) is not amended by AB 2199.
- Probate Code §4402 still requires the statutory form to comply substantially with §4401, be properly completed, and have the principal's signature acknowledged.
- Probate Code §4128 requires warning statements on printed durable power of attorney forms sold for use without legal counsel, but §4128(c) says it does not apply to a statutory form power of attorney under Part 3.
How can CBM help?
CBM Estate & Trust Law reviews and updates durable powers of attorney as part of a coordinated estate plan with a revocable living trust, pour-over will, and advance health care directive, and reviews beneficiary designations so they fit your plan. Coordinated incapacity documents may help avoid a court conservatorship, and a properly funded trust may help avoid probate for the assets titled in it. Attorney Carmen B. Marquez has practiced estate planning in California since 2001, and Carmen B. Marquez, P.C. (CBM Estate & Trust Law) was founded in 2012. Carmen speaks Spanish. For families planning for an older parent, see our elder law page. We do not handle probate matters.
CBM Estate & Trust Law accepts MetLife Legal Plans for most estate planning services, including coverage for a spouse and dependents where the plan includes it (specific coverage depends on your employer's plan; Private Clients can add uncovered services). MetLife members can also upgrade to CBM's Private Client package at a reduced rate if they want services beyond what's covered. Mention MetLife when booking. CBM also accepts ARAG legal plan members.
Related guides
- California durable power of attorney and advance health care directive
- Successor trustee vs. power of attorney in California
- Living will vs. living trust in California
- How to fund a living trust in California
- How to talk to your aging parents about their estate plan
Frequently asked questions
Do I have to redo my power of attorney because of AB 2199?
AB 2199 does not say that existing powers of attorney must be redone or are no longer valid. It replaces the optional statutory form in Probate Code section 4401 starting January 1, 2027. Many people still review their document to add a successor agent, digital asset powers, or a different agent.
When does the new California power of attorney form take effect?
January 1, 2027. AB 2199 was approved by the Governor and filed with the Secretary of State on June 30, 2026 as Chapter 47, Statutes of 2026. It has no urgency clause, so under Government Code section 9600 it takes effect on January 1, 2027.
Can I still sign the old form in December 2026?
The current statutory form remains in Probate Code section 4401 until the new section takes effect on January 1, 2027. AB 2199 does not address forms signed shortly before that date, so if you are signing in December, ask an attorney whether the old form, the new form, or a custom document fits you best.
What is a successor agent?
A successor agent is a backup who can act if your first agent cannot or will not. The 2027 statutory form adds an optional section to name one or more successor agents, and lets you choose whether they step in if any agent or if all agents are unable or unwilling to act.
Can my power of attorney name a conservator?
The 2027 statutory form includes an optional checkbox to nominate your agent or co-agents, in the order you designated, as conservator of your estate if a court needs to appoint one. Probate Code section 1810 also allows a person with sufficient capacity to nominate a conservator in a signed writing.
Does a power of attorney cover my email and online accounts?
The 2027 statutory form adds optional powers over digital assets, a catalogue of electronic communications, and the content of electronic communications. Under Probate Code section 4466, those terms have the meanings used in California's Revised Uniform Fiduciary Access to Digital Assets Act. You choose which lines to initial.
Does a power of attorney let my agent change my trust?
Only if the power of attorney expressly grants that authority. Under Probate Code section 4264, an agent may not create, modify, revoke, or terminate a trust unless the power of attorney expressly allows it, and the trust itself must also permit modification or revocation by an agent.
Is the statutory form enough, or do I need a lawyer-drafted POA?
The statutory form is legally sufficient when properly completed and notarized, and some people use it. A custom durable power of attorney can be coordinated with your trust, add express powers such as gifting or trust funding, and fit your family's situation. A consultation can help you decide.
What sources does this guide rely on?
Verified on leginfo.legislature.ca.gov on November 2, 2026, except where noted. See the companion SOURCES file.
- AB 2199 (Macedo), Chapter 47, Statutes of 2026 (chaptered text; approved and filed June 30, 2026).
- Government Code §9600 (when statutes take effect).
- Probate Code §4054, §4121, §4128, §4402, §1810, §870.
- Probate Code §4124, §4152, §4264 (verified on leginfo October 26, 2026).
Next step
If your power of attorney is more than a few years old, or you are about to sign one, a review before January can answer the 2027 question for your document.
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Attorney advertising. This guide is general information about California law as of the date above, not legal advice. It does not create an attorney-client relationship and may not reflect later changes in the law. Consult a California attorney about your situation before you act. Results depend on your facts; no outcome is guaranteed. CBM Estate & Trust Law (Carmen B. Marquez, P.C.) practices in California only. We do not handle probate matters.