Legal Question in Wills and Trusts in California

Is a holographic power of attorney, for the purpose of selling a house, legal in California without notarization?


Asked on 5/02/16, 2:05 pm

1 Answer from Attorneys

The problems you have are: 1) the power of attorney is probably not "specific" to the real property. Most title companies require that a power of attorney be specific to the real property. 2) without a notary I do not believe it is recordable in the county recorder's office and I believe a title company would require it to be recorded. Thus I think the document you describe is most likely not going to work. If the person who granted the POA is mentally unable to do a new document you might look into a conservatorship. Good luck. -John

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Answered on 5/04/16, 6:31 am


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