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Power of Attorney · California

California Power of Attorney Forms (2026)

In California, a financial power of attorney is signed this way: Notary OR two adult witnesses (Prob. Code §4121); the agent cannot be a witness. A notary is needed for real estate. Durable by default? No. A power of attorney is durable only if it says so (Prob. Code §4124).

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California financial power of attorney: key facts

Official form
Optional Uniform Statutory Form (Prob. Code §4401). We use our own form for the general and limited versions.
Durable by default?
No. A power of attorney is durable only if it says so (Prob. Code §4124).
Notary and witnesses
Notary OR two adult witnesses (Prob. Code §4121); the agent cannot be a witness. A notary is needed for real estate.

Official sources: California Probate Code §4121 · Probate Code §4124 · Last reviewed: October 2026

Frequently asked questions

Does a power of attorney need to be notarized in California?
Notary OR two adult witnesses (Prob. Code §4121); the agent cannot be a witness. A notary is needed for real estate.
Is a power of attorney durable in California?
No. A power of attorney is durable only if it says so (Prob. Code §4124).
Does California have an official power of attorney form?
Optional Uniform Statutory Form (Prob. Code §4401). We use our own form for the general and limited versions.

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