Legal Question in Wills and Trusts in California
In the state of CA, does a Power of Attorney need to be Recorded and/or Notarized?
3 Answers from Attorneys
It should be notarized if it's going to be used, even potentially, in any real estate transactions, and even non-real-estate transactions go more smoothly if it's notarized. It wouldn't need to be recorded unless and until it's used for a particular real estate transaction.
Health care powers of attorney can be witnessed or notarized, though, and I can't think of an instance where they would be recorded.
Generally, recorded no; notarized yes.
It needs to be notarized if it is going to be recorded. It must be recorded if it is going to be used in any transaction in which the grantor of the power of attorney's interest in real property is going to be transferred to another.