A power of attorney (POA) is a legal document that allows you to grant someone else the authority to make decisions on your behalf. Whether it’s for financial, medical or legal matters, a POA can provide a trusted individual with the power to act in your place when you are unavailable or incapacitated. One common question people have when preparing a power of attorney is whether it needs to be notarized.
In California, a POA does not always need to be notarized, but there are certain circumstances in which notarization is required. The requirements for notarization depend on the type of power of attorney you are creating and how it will be used.
General power of attorney
A general power of attorney, which grants someone the authority to act on your behalf for a wide range of financial or legal matters, does not require notarization to be valid under California law. However, it must be signed by the person granting the power (the principal) in the presence of a witness. While notarization is not mandatory, it is highly recommended, as it adds an extra layer of verification that the document is authentic and that the principal was of sound mind when signing.
Durable power of attorney
For a durable power of attorney—which remains in effect even if the principal becomes incapacitated—California law requires the document be signed by the principal and either notarized or signed by two witnesses for it to be valid. However, a notarized POA is required by many financial institutions because notarization helps ensure that the document is legally recognized and reduces the likelihood of challenges to its authenticity in the future.
Real estate transactions
If the power of attorney is being used for real estate transactions, California law requires notarization to make the document legally binding. This includes situations like transferring property or signing a deed on behalf of someone else.
While notarization is not always required for a power of attorney in California, it is a good practice for ensuring its validity and avoiding potential disputes. Whether someone is creating a general or durable power of attorney, seeking legal guidance can help ensure that their document meets all legal requirements for their specific needs.
