Does a Power of Attorney Need to be Witnessed in California?

Full Question:

In California, does a durable Power of Attorney need a notarized or will two witnesses suffice?
07/10/2009   |   Category: Power of Attorney   |   State: California   |   #17479

Answer:

A durable power of attorney in California must be notarized, but need not be witnessed.

The following are CA statutes:

4401. The following statutory form power of attorney is legally
sufficient when the requirements of Section 4402 are satisfied:

* * * * * * * * * * * * * * * * *

NOTICE OF INCOMPLETE TEXT: The Uniform Statutory Form Power of
Attorney appears in the hard-copy publication of the chaptered
bill. See Sec. 1 of Chapter 251, Statutes of 2005.

4402. A statutory form power of attorney under this part is legally
sufficient if all of the following requirements are satisfied:

(a) The wording of the form complies substantially with Section
4401. A form does not fail to comply substantially with Section 4401
merely because the form does not include the provisions of Section
4401 relating to designation of co-agents. A form does not fail to
comply substantially with Section 4401 merely because the form uses
the sentence "Revocation of the power of attorney is not effective as
to a third party until the third party learns of the revocation" in
place of the sentence "Revocation of the power of attorney is not
effective as to a third party until the third party has actual
knowledge of the revocation," in which case the form shall be
interpreted as if it contained the sentence "Revocation of the power
of attorney is not effective as to a third party until the third
party has actual knowledge of the revocation."

(b) The form is properly completed.

(c) The signature of the principal is acknowledged.

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