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CALIFORNIA LEGAL INFORMATION
Power of Attorney Statutes
- Notary: Signature of principal upon POA must be acknowledged by a notary or by two witnesses. The standard MedLawPlus.comŽ POA form contains a notary's acknowledgment.
- Signature of Agent: The agent is required to sign the POA with a special acknowledgment--See California Probate Code Section 4128.
- California statutes dealing with Powers of Attorney--See California Power of Attorney Act beginning with Section 4000.
Selected Portions of the California Probate Code
- 4120. A natural person having the capacity to contract may execute a power of attorney.
- 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 another adult 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.
- 4122. If the power of attorney is signed by witnesses, as provided
in Section 4121, the following requirements shall be satisfied:
(a) The witnesses shall be adults.
(b) The attorney-in-fact may not act as a witness.
(c) Each witness signing the power of attorney shall witness
either the signing of the instrument by the principal or the
principal's acknowledgment of the signature or the power of attorney.
Library of Informational Legal Articles
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The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This service is not a substitute for the advice of an attorney and we encourage users to have all documents created on our site reviewed by an attorney. No attorney-client relationship is established by use of our online legal forms system and the user is not to rely upon any information found anywhere on our site. THESE FORMS ARE SOLD ON AN "AS IS" BASIS WITH NO WARRANTIES OR GUARANTIES. If you wish personal assistance in deciding whether the document found on our site is right for you or desire representations and warranties upon the legality of the document you are purchasing in the jurisdiction you will be using it, contact an attorney licensed to practice law in your state.
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