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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
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Experience:  Attorney and Real Estate broker -- Retired (mostly)
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Can a DPOA refuse homeowners insurance even with the

Customer Question

Can a DPOA refuse homeowners insurance even with the knowledge of a close call involving a fire incident that damaged a neighboring home less than 3 ft. Away?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  socrateaser replied 1 year ago.

Hello,

Under California law, a durable power of attorney (DPOA) does not require the agent to take any affirmative action. See Cal. Probate Code Section 4230.

The above-cited law effectively immunizes an agent from liability for failing to take action concerning a principal's property. This would include failing to purchase homeowners insurance.

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