California Limited (Special) Power of Attorney Form

The California Limited (Special) Power of Attorney is a three (3) page legal document that is used when a party known as the principal wants to grant decision making powers to an agent (“Attorney-in-Fact”) in a limited capacity. Without specifying exactly what the agent can and can’t do, the decision making powers granted to an agent may be more expansive than the principal initially thought. This is why many people choose to use a limited (special) POA over a more general POA. The limited POA does not remain active in the event the principal becomes incapacitated.

The tasks that can be assigned with the limited POA are extremely broad. The form can be used for something as simple as picking up the mail, purchasing real estate of any value, to signing legal forms. Regardless of the powers afforded to the agent, California law (§ 4320) requires that the agent exercise their power over only the tasks clearly stated in the contract.


State Laws & Signing Requirements

State Laws: Division 4.5 “Powers of Attorney” (§§ 4000 to 4545)

Signing Requirements (Division 4.5, Ch.2, § 4121): Pursuant to state law, a Limited POA must bear the principal’s signature. Additionally, their signature must either have been witnessed by two (2) witnesses or acknowledged before a Notary Public.


Sample