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CAState guide

California power of attorney

California publishes a statutory power of attorney form, and banks and title companies often ask for it by name. The form includes a notice to the principal, a notary acknowledgment block and a place to list the powers the agent may use.

This page covers the signing rule, the statutory form and the practical differences between a general, a durable and a medical power of attorney in California.

Written by Nora Whitfield, editorial lead. State rules checked by Samuel Okafor, rules editor, on October 20, 2026.

Signing rule at a glance

Notary requiredNo witnessesRules cited

California: A notary acknowledgment is required. No witnesses are required. Two witnesses are the alternative if the power is not notarized.

California: A notary acknowledgment is required. No witnesses are required. Two witnesses are the alternative if the power is not notarized. Source: Cal. Prob. Code § 4121.

Source: Cal. Prob. Code § 4121 (opens the official source in a new tab).

The statutory form and notice

California Probate Code 4401 sets out the statutory form of power of attorney. It begins with a notice to the principal that explains what the document does and does not do. The notice is part of the form, not decoration, and a bank may reject a document that omits it.

Citation: Cal. Prob. Code § 4121 (opens the official source in a new tab).

The principal signs before a notary. The notary completes the acknowledgment. California does not require witnesses for a financial power of attorney, but the notary step is not optional for the statutory form.

  • Use the current statutory form or a document that includes the statutory notice.
  • Sign and date in front of the notary.
  • Initial the powers the agent may use, or write them in the special instructions.
  • Record the power of attorney if it will be used for real property.

Durable or not

A California power of attorney is durable if it says it is not affected by the principal's later incapacity. The statutory form includes that language. If the document is silent, the authority may end when the principal becomes incapacitated.

A durable power of attorney for finances is different from an advance health care directive. The health care directive covers medical decisions and often names an agent for them. Do not use a financial form for a hospital decision.

Real estate transactions

A power of attorney used to sign a deed, a deed of trust or a lease may need to be recorded with the county recorder. The title company will review the powers granted and the notary certificate. Some underwriters require the power of attorney to be signed within a certain period before the transaction.

If the agent is signing a refinance or a sale, tell the title company and the lender early. They may have their own form or an additional affidavit. A power of attorney that is valid in general can still fail a lender's internal review.

A financial power of attorney does not authorize medical decisions. California uses an advance health care directive for that.

Revoking it

Sign a dated written revocation, give copies to the agent and to any bank or title company that has seen the document, and record the revocation if the original was recorded. A new power of attorney should state that it revokes earlier ones.

If the agent has already acted, the revocation stops future acts but does not automatically undo a transaction that was completed while the authority was in effect. Talk to an attorney if a completed act needs to be unwound.

Filled sample, California

Power of attorney

STATE OF CALIFORNIA

I, Robert J. Chen, of 55 Harbor View Drive, Seattle, WA 98101, appoint Lisa M. Chen, of 18 Alder Court, Bellevue, WA 98004, as my agent (attorney-in-fact). If my agent cannot or will not serve, I appoint Daniel K. Chen, of 902 Fir Street, Tacoma, WA 98402, as my alternate agent. This power of attorney is governed by the laws of the State of California and takes effect on November 1, 2026.

1. Banking and financial powers

My agent may open, close, deposit to and withdraw from bank and credit union accounts in my name, endorse checks, sign account documents, obtain statements, and deal with a financial institution about my accounts. My agent may not create a new joint account with anyone other than me without my written consent.

2. Tax powers

My agent may prepare, sign and file tax returns and related documents with federal, state and local tax authorities, receive notices, and represent me in routine tax matters. My agent may not waive a refund or agree to a tax settlement without my written consent.

3. Personal and household powers

My agent may deal with utilities, service providers, insurers, postal matters and household accounts in my name, and may take the ordinary steps needed to keep my household running.

4. Specific powers and limits

The following specific powers and limits apply: May deal with the credit union accounts listed in the attached schedule. May not sell or mortgage the house at 55 Harbor View Drive..

5. Duration and durability

This power of attorney is not durable. It ends if I become incapacitated, and it ends on my death. It also ends on the date stated below, or on the date I sign a written revocation, whichever comes first. End date: October 31, 2028.

6. Agent's duties

My agent must act in my interest, keep my property separate from the agent's own property, keep reasonable records of transactions, and use the authority only for the purposes stated in this document. My agent may not make a gift of my property, create an interest in my property for the agent, or use my property for the agent's own benefit unless this document expressly allows it.

7. Reliance by third parties

A bank, title company, government office or other third party may rely on a copy of this document that appears signed and notarized. A third party that acts in good faith on this document is released from liability for doing so. I may revoke this document in writing at any time.

8. Revocation

I revoke all earlier powers of attorney for the matters covered here. To revoke this document, I will sign a dated written revocation and give a copy to my agent and to each institution that has received this document. If this document was recorded, I will record the revocation in the same office.

9. Governing law

The laws of the State of California govern this power of attorney. If any part is unenforceable, the rest remains in effect.

Principal

Principal

Signature

Printed name: Robert J. Chen

Date

Notary public signature

My commission expires

Agent acceptance

Agent

Signature

Printed name: Lisa M. Chen

Date

Signing requirements: California: A notary acknowledgment is required. No witnesses are required. Two witnesses are the alternative if the power is not notarized.

Source: Cal. Prob. Code § 4121.

Example answers. The builder replaces them and uses the California signature block shown above.

Build the power of attorney

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Principal and agent

The agent should be someone you trust with money and paperwork. Name an alternate if there is a sensible backup.

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Questions about the California form

Does a California power of attorney need witnesses?

No. California requires a notary acknowledgment for the statutory financial form. Witnesses are a feature of the advance health care directive, not the financial power of attorney.

Where can I get the California statutory form?

The form is in Probate Code 4401 and is published by the California courts and the Secretary of State. The builder produces a document with the same structure and the notice, but the official form is free from the state.

Can a California power of attorney be used after the principal dies?

No. The authority ends at death. After death, the executor or administrator of the estate acts, or a successor trustee if the property is in a trust.

Other states for this document

Related documents

Not a law firm, not legal advice

PaperDeed is not a law firm and does not provide legal advice. We provide self-help templates and general information about signing rules. If you are unsure whether a document fits your situation, talk to a licensed attorney in your state.

Every rule above names its statute or state form, and links to the official text where the state publishes it online. This state guide was updated on October 20, 2026.