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