Legal Question in Wills and Trusts in California
does a power of attorney need to be witnessed and notarized or just one or the other????
Asked on 10/12/11, 4:16 am
3 Answers from Attorneys
Jennifer Rouse
Meissner Joseph & Palley
Actually, under the Probate Code Section 4121, the principal's signature on a power of attorney can be either witnessed by two people or notarized. If the power of attorney is not attorney drafted, then it is better to have it notarized. The same applies to an advance health care directive under Probate Code Section 4673.
Answered on 10/12/11, 9:20 am
Anthony Roach
Law Office of Anthony A. Roach
A notary is required if the power involves real property and is going to be recorded. For other types of powers of attorney, a notary is a good idea as it makes it harder for someone to challenge the validity of the signature.
Answered on 10/12/11, 9:22 am
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