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Does a Durable Power of Attorney Need to be Recorded in California?

Does a Durable Power of Attorney Need to be Recorded in California?

Q: What makes a power of attorney legal in California?

A power of attorney is legal in California if it is signed by the principal, dated, and either notarized or witnessed by two qualified adults. The attorney-in-fact must not be a witness. The document should clearly state the powers granted to the attorney-in-fact to ensure its validity.

Full question:

In Sacramento County CA state does a durable power of attorney need to be recorded to be legal

Category: Power of Attorney
Date: 04/07/2025
State: California

Answer:

No, it is not a requirement for the power of attorney to be recorded in California. A power of attorney is often recorded in real estate transfers, but it is not a statutory requirement for a valid power of attorney.

Please see the following CA statutes:

4120. A natural person having the capacity to contract may execute
a power of attorney.

4121. A power of attorney is legally sufficient if all of the
following requirements are satisfied:
(a) The power of attorney contains the date of its execution.
(b) The power of attorney is signed either (1) by the principal or
(2) in the principal's name by another adult in the principal's
presence and at the principal's direction.
(c) The power of attorney is either (1) acknowledged before a
notary public or (2) signed by at least two witnesses who satisfy the
requirements of Section 4122.

4122. If the power of attorney is signed by witnesses, as provided
in Section 4121, the following requirements shall be satisfied:
(a) The witnesses shall be adults.
(b) The attorney-in-fact may not act as a witness.
(c) Each witness signing the power of attorney shall witness
either the signing of the instrument by the principal or the
principal's acknowledgment of the signature or the power of attorney.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a POA not allowed to do?

A power of attorney (POA) cannot make decisions that are against the principal's wishes or best interests. Specifically, a POA cannot make medical decisions if the principal has specified otherwise in a healthcare directive. Additionally, a POA cannot change the principal's will, create or revoke trusts, or make gifts of the principal's property unless explicitly authorized in the document.

What are the rules for power of attorney in California?

In California, a power of attorney must be signed by the principal and either acknowledged by a notary public or witnessed by two adults. The document must include the date of execution. The attorney-in-fact cannot act as a witness. It’s important for the principal to clearly outline the powers granted to the attorney-in-fact within the document.

What makes a power of attorney legal in California?

What three decisions cannot be made by a legal power of attorney?

A legal power of attorney cannot make decisions regarding the principal's healthcare if a healthcare directive is in place. It also cannot alter the principal's will or make decisions that would benefit the attorney-in-fact over the principal. Additionally, a POA cannot make decisions that violate the law or the principal's stated wishes.