REVAMPED: California’s Virtual Representation Statute
California trust and estate law is seeing a major update.
Effective January 1, 2026, Assembly Bill 565 rewrote California Probate Code Section 15804 in its entirety.
This change makes the law much clearer and more flexible. The core idea of virtual representation is simple: a competent adult can represent and legally bind individuals who cannot represent themselves, as long as there is no conflict of interest.
Under the new law, several specific groups can now bind others:
- Parents can bind their minor children, provided no guardian has been appointed;
- Conservators, trustees, and personal representatives can bind their respective conservatees, beneficiaries, or estate heirs; and perhaps most importantly:
- Adults with a “substantially identical” interest can represent and bind anyone who is a minor, unborn, incapacitated, or unknown.
However, the law establishes two strict prohibitions. Virtual representation is completely barred if:
- A conflict of interest exists regarding the matter, or
- A settlor tries to represent a beneficiary in modifying or terminating an irrevocable trust.
To be valid, all consents made on behalf of another person must be in writing. Furthermore, fiduciaries who rely on these written consents are legally protected from liability, unless they commit a breach of trust intentionally, with gross negligence, or in bad faith.
UPDATED: California’s Statutory Power of Attorney Form
California’s Statutory Power of Attorney form has long been criticized as clunky and out of touch with modern estate planning. That is finally changing.
Effective January 1, 2027, Assembly Bill 2199 rewrites Probate Code Section 4401, bringing several updates to the statutory form. Among them are:
Integration of digital asset management: The form expands the standard list of powers by adding Sections O and P. Under Section O, a principal can grant power over digital assets while explicitly excluding the content of electronic messages. By checking both sections, full access to electronic communication content is granted in alignment with the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). Note, however, that third-party terms of service agreements may still supersede these statutory powers.
Designation of alternate agents: The old form provided just one blank line for names, leaving users confused about how to list alternates or specify joint agent instructions. The updated form introduces a dedicated section called “Optional Designation of Successor Agent” and moves joint-agent instructions directly alongside the initial designations for better readability.
Provision for conservator of estate nomination: While California’s Advance Directive has long included a generic conservator nomination, the Statutory Power of Attorney previously omitted it entirely. This new addition now matches with the exact financial powers being granted.
Form organization: The previous version lacked clear headings and jumped randomly from topic to topic. The revised form utilizes unnumbered but clearly titled subdivisions—such as Appointment of Agent, General Powers Granted, and Notice to Third Parties—allowing users to navigate the document easily.
