Power of Attorney in California

The California statutory form

Uniform Statutory Form Power of Attorney — Cal. Probate Code §4401. Durable only if the “shall not be affected by subsequent incapacity” box is initialed.

The statutory form is the one banks and recorders in California see most often, and the one the statute requires third parties to accept when it is properly signed. A lawyer-drafted power of attorney is equally valid if it is executed the same way.

How to sign a power of attorney in California

The principal's signature must be either acknowledged before a notary or signed by two adult witnesses (Probate Code §4121). A power that will be used for real estate must be notarized, because the recorder requires an acknowledgment.

Two witnesses only if you do not use a notary (§4122). Most signers use the notary.

Who may not witness

• The agent (attorney-in-fact)

Online notarization in California

California's own remote-notarization program (SB 696, 2023) is not yet operating, so no California notary can notarize online. California recognizes an acknowledgment taken under another state's law (Civil Code §1189(b)), which is how an online notarization under Florida law is honored for banking and most uses. County recorders apply an original-signature rule to deeds, so a power of attorney notarized online for a California real estate closing must be cleared with the title company first.

Rush Notary’s notaries are commissioned online notaries public in Florida and notarize for California signers over live video under Florida’s remote online notarization law. The certificate they complete is a Florida certificate; California honors it under the recognition rule above. Details for this state are on the California online notarization requirements page.

Using it for real estate

A power of attorney for a conveyance must be acknowledged and recorded in the county where the property lies before or with the deed (Civil Code §1181, Probate Code §4128). Recorders have not uniformly accepted electronically notarized powers; ask the title company.

Title companies also ask the agent to sign an affidavit at closing that the principal is alive and the power has not been revoked, and lenders review the document before closing. See the real estate power of attorney page.

Medical power of attorney in California

An advance health care directive (Probate Code §4673–4675) must be either notarized or signed before two adult witnesses, one of whom is not a relative or heir; the agent, the health-care provider and facility employees may not witness. Skilled-nursing-facility residents also need a patient advocate or ombudsman witness.

What a health-care agent can decide, and how the document differs from a living will, is on the medical power of attorney page.

Revoking a California power of attorney

Revoke by a signed writing (§4151) delivered to the agent and to third parties; record the revocation if the power was recorded. A later durable power of attorney does not revoke an earlier one unless it says so.

Using a power of attorney for a birth or death certificate in California

Whether an agent can request a certified copy of a California birth, death or marriage record under a power of attorney, and what the application itself needs, is on the California vital records page. The power of attorney for vital records page covers how to draft one.