Legal Question in Real Estate Law in California
Does a special power of attorney to deal with real estate matters require witnes
Owner is needs escrow papers and forms signed and some forms notarized. He was just hospitalized,is weak and his progosis and treatment is uncertain. Escrow is sheduled to close on 8-31-O5. He wants his daughter to complete all requirements for the closing
2 Answers from Attorneys
Re: Does a special power of attorney to deal with real estate matters require wi
The power of attorney must be either acknowledged before a notary public or the signing witnessed by two witnesses, but not both. Probate Code section 4121. The witnesses, if used, must be adults other than the attorney-in-fact (person being given the power). Probate Code, section 4122.
Re: Does a special power of attorney to deal with real estate matters require wi
He can sign a power of attorney. Or his daughter can sign his name at his instruction and he can "acknowledge" the signature as his own to the notary.
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