Starting January 1, 2027, California will use a revised version of the statutory form power of attorney, the fill-in-the-blanks document that many Californians sign to let a trusted person handle their finances. Assembly Bill 2199 (Macedo) was approved by the Governor on June 30, 2026 and chaptered as Chapter 47, Statutes of 2026. Because it has no urgency clause, it takes effect on January 1, 2027 under California’s normal rule for new statutes.
Below is a plain-language look at what the new form adds, who should pay attention, and how it fits into a broader estate plan.
Key takeaways
- AB 2199 repeals and replaces the statutory power of attorney form in Probate Code section 4401, effective January 1, 2027.
- The new form adds optional authority over digital assets and the content of electronic communications, tied to California’s digital assets law.
- It adds an optional section to name successor agents and an optional box to nominate your agent as conservator of your estate.
- Nothing in AB 2199 states that powers of attorney signed on the current form are revoked, but the update is a good reason to review yours.
What is a statutory form power of attorney?
A durable power of attorney for finances lets you (the “principal”) name an agent to manage money and property for you, often so that someone can step in if you become unable to manage your own affairs. California’s Uniform Statutory Form Power of Attorney Act, which begins at Probate Code section 4400, provides a ready-made form. You initial the categories of power you want to give, such as real property, banking, retirement plans, or tax matters, and the statute supplies detailed definitions of what each category means.
The statutory form is not the only option. California law also recognizes custom-drafted powers of attorney, and many estate plans use a tailored document that coordinates with a living trust. Still, the statutory form is widely used and widely recognized by banks and other institutions, so changes to it matter.
What changes on January 1, 2027
1. New digital asset powers
The current form does not directly address email accounts, online accounts, or other digital property. The new form adds a separate digital assets section with three choices:
- Line (O): authority over digital assets. If this is the only line you initial, your agent can access a catalogue of your electronic communications (for example, who you emailed and when) but not the content of those messages.
- Line (P): authority over the content of electronic communications you sent or received.
- Line (Q): both of the powers above.
A new Probate Code section 4466 provides that these terms have the same meanings as in California’s Revised Uniform Fiduciary Access to Digital Assets Act (Probate Code section 870 and following). The form also cautions that directions you give through an online provider’s own tools or terms of service may take priority over the choices you make on the form. In practice, that means it is worth checking the settings in your major online accounts as well.
Note that the general “all of the powers listed above” line covers the traditional categories (A) through (M). The digital asset powers have their own initialing instructions, so they must be selected separately.
2. Successor agents
The new form includes an “Optional Appointment of Successor Agent” section. You can name one or more backup agents and choose whether they step in if any named agent cannot or will not act, or only if all named agents are unavailable. Instructions about whether multiple agents may act separately or must act jointly now sit next to the agent designations. If you name more than one agent and do not choose, the agents must act together.
3. Nominating a conservator of your estate
An “Optional Nomination of Conservator of My Estate” box lets you nominate your agent or agents, in the order listed, to serve as conservator of your estate if a court ever appoints one. A good power of attorney often helps avoid a conservatorship altogether, but if one becomes necessary, this nomination tells the court whom you prefer.
4. A reorganized, easier-to-read form
The form is reorganized with clearer section titles. Its opening notice still reminds signers that the powers granted are broad, that the form does not cover medical or health care decisions, and that it can be revoked.
What this means for California families
For many people, financial life now runs through online banking, cloud storage, email, and app-based accounts. A power of attorney that is silent about digital assets can leave an agent unable to reach records needed to pay bills or manage investments. The new form gives a clear way to grant (or withhold) that access.
Some practical points to consider:
- If you already have a power of attorney, review whether it names a backup agent and whether it addresses digital assets. AB 2199 does not say existing documents are revoked, but an older document may not reflect what you want today.
- If you have a living trust, remember that your successor trustee manages trust assets, while your agent under a power of attorney handles assets outside the trust (such as retirement accounts, tax matters, and transferring forgotten assets into the trust). The two documents should work together. See our California living trust page.
- Think carefully about message content. Granting access to the content of your email and messages is a personal choice. Some people prefer a catalogue-only approach.
- Health care is separate. Medical decisions require an advance health care directive, not this form.
A power of attorney ends at death, so it is one part of a plan, not the whole plan. To learn how trusts help families transfer property without court involvement, read how to avoid probate in California.
Frequently asked questions
Is my current power of attorney still valid after January 1, 2027?
AB 2199 replaces the statutory form going forward; it does not include language revoking powers of attorney already signed. Whether a particular document is valid depends on how it was prepared and signed, so it is worth having it reviewed, especially if it lacks a successor agent or digital asset provisions.
Do I have to use the statutory form?
No. California law also allows other valid forms of power of attorney. Many estate plans use a custom document drafted to coordinate with a trust and the family’s specific needs.
Does “all of the powers listed above” include digital assets?
Under the new form, the “all powers” line covers the traditional categories (A) through (M). Digital asset powers are in a separate section, and you initial line (O), (P), or (Q) to grant them.
Can a website’s terms of service override my choices?
The new form itself notes that directions you give through a provider’s online tool or terms of service may supersede your choices on the form. Reviewing the legacy or account-access settings of your important online accounts is a sensible companion step.
Talk with an attorney
If you would like to update your power of attorney or review how it works with your trust, AJ Law Firm offers a free 15-minute introductory call, or you can call 1 (800) 285-1140. Consultations are available in English, Romanian and Russian, by appointment in El Dorado Hills and Walnut Creek and remotely throughout California. See our legal fees page for pricing information.
By Andrei Jingan, Attorney at Law.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney advertising.