A California power of attorney can be notarized or signed by two witnesses. The law allows either. Almost everyone uses a notary, because a witnessed-only power of attorney cannot be recorded with a county and banks routinely turn it down. Expect to give a thumbprint. It costs $10 for each document notarized.

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What a power of attorney doesLink to this section

A power of attorney (POA) lets you name someone to handle money and property for you. You are the principal. The person you name is the agent or attorney-in-fact.

"Durable" means the document keeps working if you become unable to make decisions yourself. That is the whole point of signing one. A POA that is not durable stops working exactly when you need it most.

A financial POA is separate from a health care directive. This page covers the money one. See our advance health care directive page for the medical one.

What California requiresLink to this section

Probate Code § 4121 says a power of attorney is legally sufficient if:

It has the date it was signed,
It is signed by the principal (or by another adult in the principal's presence and at the principal's direction), and
It is either acknowledged before a notary public or signed by at least two witnesses.

So a notary is one of two options under the statute.

Why almost everyone chooses the notaryLink to this section

Banks and title companies are where a POA gets used, and they are strict. Two practical reasons the notarized version wins:

Real estate. If your agent may ever sell, refinance or transfer property for you, the POA has to be recorded with the county. Government Code § 27287 requires an instrument to be acknowledged before it can be recorded, and it specifically excludes powers of attorney from the "proved by subscribing witness" alternative. Witnesses will not work here.

Banks. Financial institutions routinely reject a witnessed-only POA. They are not required to accept every POA presented to them, and a notary seal removes one of their main objections.

The notary processLink to this section

The principal must be present. The agent does not need to be there and does not sign the POA.
ID check against the Civil Code § 1185 list.
The notary confirms you understand what you are signing. A POA hands someone control of your money. If the signer seems confused or pressured, the notary must decline.
Journal entry, plus a thumbprint. A power of attorney is one of the documents that requires a right thumbprint in the notary journal under Government Code § 8206. Deeds and documents affecting real property are on that same list.
Acknowledgment certificate completed and sealed.

The act is an acknowledgment, using the Civil Code § 1189 wording.

The warning pageLink to this section

California's statutory form power of attorney comes with a required warning notice to the principal, set out in Probate Code § 4128. It explains in plain terms that you are giving another person broad power over your property.

Read it before the appointment, not during it.

Certified copiesLink to this section

Your agent will often need to hand a copy to a bank. California is unusual here: a notary may not certify copies of most documents, but a power of attorney is a specific exception under Probate Code § 4307, referenced in Government Code § 8205.

The certified copy has the same force as the original. California caps this fee at $15 per copy, rising to $20 on January 1, 2027.

Frequently asked questionsLink to this section

Does a California power of attorney have to be notarized? Not strictly. Probate Code § 4121 allows two witnesses instead. But if the POA will ever touch real estate it must be notarized so it can be recorded, and most banks insist on notarization regardless.

Does my agent need to come to the appointment? No. Only the principal signs and is notarized.

Why do I have to give a thumbprint? Government Code § 8206 requires a thumbprint in the notary journal for powers of attorney and for documents affecting real property. It is a fraud control, and the notary has no discretion to skip it.

My father is in a care facility and drifts in and out. Can it still be notarized? Only if he is lucid at the time of signing and can show he understands the document. A notary must refuse if the signer cannot demonstrate awareness or is being pressured. If he can no longer do that, a POA is no longer an option and the family would need to speak to an attorney about a conservatorship.

Can I be notarized in California if the property is in another state? Yes. A California notary can notarize a signature here for a document that will be used or recorded elsewhere. The receiving state's rules govern what the document must contain, which is a question for an attorney, not the notary.

The bank rejected my POA. Can the notary fix it? No. A notary can only notarize a signature. If the bank objects to the document's content or age, that is a matter for the drafting attorney or the bank.

Can one notary appointment cover the POA, the trust and the deed? Yes, and that is normal. Each notarized signature is charged separately.

General information about notary procedure. A notary public cannot give legal advice or tell you what powers to grant. Talk to a California attorney.

Notarizing a Durable Power of Attorney in California