California Probate Code

§ 4459

PROB § 4459 Effective Jan 1, 2023Div. 4.5 · Part 3 · Ch. 2

Statute text

In a statutory form power of attorney, the language with respect to claims and litigation empowers the agent to do all of the following:

(a)Assert and prosecute before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, cross-complaint, or offset, and defend against an individual, a legal entity, or government, including suits to recover property or other thing of value, to recover damages sustained by the principal, to eliminate or modify tax liability, or to seek an injunction, specific performance, or other relief.

(b)Bring an action to determine adverse claims, intervene in litigation, and act as amicus curiae.

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Legislative history

Amended by Stats. 2022, Ch. 851, Sec. 7. (SB 688) Effective January 1, 2023.