Is a limited or general “power of attorney” valid in CA if signed by two disinterested witnesses instead of by a notary public?
A CA state prisoner wants to give power of attorney to his girlfriend for limited purposes. The prison does not provide notary service, and it’s an extreme hassle to have a notary visit the prisoner. May the prisoner use two fellow inmates as his witnesses? Which sections of the Probate, Civil, Evidence or other CA codes apply in this instance?
2 Answers from Attorneys
Yes, two adult witnesses can sign the power of attorney in lieu of a notary public. Probate Code sections 4121, 4122.
Another alternative is to have a mobile notary visit the prisoner. It's not that big of a hassle and I know multiple notaries that can provide this service. Please let me know if you'd like more information.