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?


Asked on 3/21/13, 2:29 pm

3 Answers from Attorneys

Chris Johnson Christopher B. Johnson, Attorney at Law

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.

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Answered on 3/21/13, 2:40 pm
Joel Selik www.SelikLaw.com

Generally, recorded no; notarized yes.

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Answered on 3/21/13, 4:10 pm
Anthony Roach Law Office of Anthony A. Roach

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.

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Answered on 3/22/13, 9:08 am


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