Legal Question in Wills and Trusts in California
Durable Power of Attorney
When having a durable power of attorney notorized does the notary have to "witness" the witnesses signature ? I'm using a program called Kiplingers Legal 2000 for the forms and this isn't clear on the instructions.
2 Answers from Attorneys
Re: Durable Power of Attorney
Assuming you are in California, you have a choice. You can either have the POA notarized or use two witnesses. Here is the text of the controlling Probate Code section:
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 some other person 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.
Re: Durable Power of Attorney
even if the notary doesnt see you sign it you can get it noterized later by the signor telling the notary that it is his true signature.
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