Signing Over Authority
Prob. Code 4121 — a date, a signature, and a notary or two witnesses
In California, a power of attorney is legally sufficient when it carries the date it was signed, is signed by the principal (or in the principal's name by another adult in the principal's presence and at the principal's direction), and is either acknowledged before a notary public or signed by at least two witnesses.
Who can witness it. Witnesses must be adults, and the person named as attorney in fact cannot be one. Each witness sees either the principal sign or the principal acknowledge the signature or the document.
Durable when it says so. The section defines a durable power of attorney as one containing words such as "This power of attorney shall not be affected by subsequent incapacity of the principal," or similar words showing the principal meant the authority to continue through a later incapacity.
Springing, if written that way. The other wording the section lists, "This power of attorney shall become effective upon the incapacity of the principal," starts the authority on a future event. Such a document can name one or more people who decide, by a written declaration under penalty of perjury, that the event has happened, and others may rely on that declaration.
| The assumption | What the code actually does |
|---|---|
| The assumptionIt has to be notarized | What the code actually doesA notary or at least two adult witnesses, either one |
| The assumptionAnyone can witness it | What the code actually doesThe attorney in fact cannot act as a witness |
| The assumptionIt survives incapacity automatically | What the code actually doesDurable when it carries the section's words or similar ones |
| The assumptionThe attorney in fact can use it however they like | What the code actually doesA duty to act solely in the principal's interest and to avoid conflicts of interest |
The attorney in fact has a duty to act solely in the interest of the principal and to avoid conflicts of interest. The section adds that the duty is not broken solely because the attorney in fact also benefits from acting, or has interests that conflict in relation to the principal's property, care or affairs.
Authority can be granted over all lawful subjects or only named ones, and can reach property, personal care such as where the principal will live, or other matters.
Health care decisions run under their own division of the Probate Code and are not on this page. Revocation, a third party's refusal to honor a document, and an attorney in fact who misuses one each run under their own sections. Drafting, limiting or challenging one is a matter for a licensed California attorney.
Sources for this section (6)
- Prob. Code 4121 — Requirements for a legally sufficient power of attorney
- Prob. Code 4124 — Durable power of attorney: the statements that make it durable
- Prob. Code 4232 — Duty of an attorney in fact to act solely in the principal's interest
- Prob. Code 4122 — Requirements for witnesses to a power of attorney
- Prob. Code 4129 — Springing power of attorney: a declaration that the event has occurred
- Prob. Code 4123 — What a power of attorney may grant authority over
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.