Legal Question in Administrative Law in California

power of attorney

How does one have a Power Of Attorney form legally recognized? Do i have to have it notorized or witnesed by a lawyer in the state of which it applies?


Asked on 1/19/05, 1:14 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: power of attorney

Powers of Attorney are covered in the California Probate Code, Division 4.5, sections 4000-4545.

In addition to "regular" powers of attorney, there are special-purpose powers of attorney for health care and other purposes. For real estate and common business purposes, the Uniform Statutory Form Power of Attorney shown and described at section 4401 of the Probate Code is a good bet. The principal needs to check the right boxes and sign before a notary.

States generally, but not necessarily always, recognize and honor each other's Powers of Attorney. There has been a strong movement to make the laws and forms uniform from state to state. If the principal (person executing the Power of Attorney) resides in another state, I would suggest using that state's form IF it closely resembles the so-called "Uniform" form shown at section 4401, and having it signed and notarized in said state.

Look also at sections 4406 re third party's refusal to honor a Power of Attorney, and 4408 authorizing use of forms that comply with other laws (including, presumably, the laws of other states).

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Answered on 1/19/05, 8:09 pm


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