Legal Question in Landlord & Tenant Law in California

In California, if a person is giving another person "Special Power of Attorney", in respect to make any decisions concerning a landlord tenant dispute, does the agreement in writing have to be notarized to be enforceable?


Asked on 12/20/11, 11:10 am

3 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Powers of attorney in California always must be notarized.

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Answered on 12/20/11, 11:14 am

Mr. Hoffman is flat out wrong. Whether or not a POA must be notarized depends entirely on how it is to be used. All recorded documents pertaining to real property must be notarized. Therefore a POA that is to be used for real estate transactions, and therefore will need to be recorded in order for the attorney in fact's signature to be recordable, must be notarized. There may be other situations in which a POA must be notarized, but they are few and far between. For the most part, POA's can EITHER be witnessed by two adult witnesses not including the attorney in fact named in the POA, OR notarized. Calif. Prob. Code sections 4121(c) and 4122.

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Answered on 12/20/11, 2:25 pm


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