Last updated · Written by the Power of Attorney Maker editorial team. State rules checked against official statute sources.
This page summarizes how a power of attorney must be signed in California, taken from the statute and checked on . The form above applies these rules automatically when California is selected.
California power of attorney at a glance
- Financial: notary OR 2 witnesses; durable forms carry the §4128 notices.
- Health care: notary OR 2 qualified witnesses.
Signing requirements
Financial power of attorney (Cal. Prob. Code §4121 and §4122)
Rule: Date and sign it, then either acknowledge it before a notary OR have two adult witnesses sign. If it may affect real estate, use a notary so it can be recorded.
Law: Cal. Prob. Code §4121 and §4122
Witnesses:
- Witnesses must be adults.
- Your agent (attorney-in-fact) may not be a witness.
- Each witness must see you sign or see you acknowledge your signature.
- A printed durable power of attorney form used without a lawyer must include the two warning notices in Probate Code §4128 in at least 10-point bold type. Our California durable documents include both notices.
- A durable power of attorney that may affect real property should be acknowledged before a notary so it can be recorded (§4128).
Sources: Cal. Probate Code §4121; Cal. Probate Code §4122; Cal. Probate Code §4128 (required notices)
Power of Attorney for Health Care (Advance Health Care Directive) (Cal. Prob. Code §4673, §4674 and §4675)
Rule: Date and sign it, then either acknowledge it before a notary OR have two qualified adult witnesses sign.
Law: Cal. Prob. Code §4673, §4674 and §4675
Witnesses:
- A witness can't be your health care provider or their employee.
- A witness can't be the operator or an employee of a community care facility or a residential care facility for the elderly.
- A witness can't be your agent.
- At least one witness must be neither related to you by blood, marriage or adoption nor entitled to part of your estate.
- If you are a patient in a skilled nursing facility, a patient advocate or ombudsman must also sign as a witness (§4675).
- An electronic advance directive must be notarized and meet the digital signature rules in §4673(b).
Sources: Cal. Probate Code §4673; Cal. Probate Code §4674; Cal. Probate Code §4675
After signing
- Give copies to your agent and successor, and to banks or doctors who will rely on it.
- Keep the original safe and tell your agent where it is.
- To cancel it, sign a written revocation and send it to everyone who has a copy.
General information, not legal advice. Laws change; confirm with the official source or a California attorney. See all states on the requirements by state page.
Frequently asked questions
Does a power of attorney need to be notarized in California?
Financial: Date and sign it, then either acknowledge it before a notary OR have two adult witnesses sign. If it may affect real estate, use a notary so it can be recorded. (Cal. Prob. Code §4121 and §4122). Medical: Date and sign it, then either acknowledge it before a notary OR have two qualified adult witnesses sign. (Cal. Prob. Code §4673, §4674 and §4675).
How many witnesses does a California power of attorney need?
For a financial power of attorney: 2 if you don't use a notary. For a medical power of attorney (Power of Attorney for Health Care (Advance Health Care Directive)): 2 if you don't use a notary.
Who can't be a witness in California?
Witnesses must be adults. Your agent (attorney-in-fact) may not be a witness. Each witness must see you sign or see you acknowledge your signature. A witness can't be your health care provider or their employee. A witness can't be the operator or an employee of a community care facility or a residential care facility for the elderly. A witness can't be your agent. At least one witness must be neither related to you by blood, marriage or adoption nor entitled to part of your estate. If you are a patient in a skilled nursing facility, a patient advocate or ombudsman must also sign as a witness (§4675).
Is this California form free?
Yes. Fill it in and download the PDF free, with no signup. Word, the signing packet and saved copies are optional paid extras.