If a California notary is required to notarize a signature for a document granting a power of attorney, the notary must obtain the signer's fingerprint for entry into the journal. California notaries are also authorized to certify copies of a power of attorney document. California requires that the signature of the principal of the power of attorney be recognized and registered by a notary or that two witnesses acknowledge receipt. Any witness to the power of attorney document must witness the signature of the document or the notary's acknowledgment of receipt.
A notary can notarize the durable power of attorney in addition to signing it in front of at least two witnesses. If the POA gives your agent the right to handle real estate transactions, the document must be notarized in order for it to be registered in your county. The agent listed in the POA cannot witness the document. While the state of California does not allow your notaries to perform remote online notarization (RON), you can use an online notary from another state.
Many power of attorney documents are designed to allow a close friend or relative to purchase property or vehicle in your name while you are out of town, for example. However, we can tell you that if you are asked to certify the signature of a principal, the principal would have to physically appear in their presence for notarization and would have to be identified according to California law. If the type of notarization requested is permitted in Virginia and meets all the requirements of your state's notary laws, you can perform notarization. A power of attorney can be very flexible and incredibly specific or designed to give relatively broad decision-making powers to someone you trust a lot.
While you can go through the process of getting your document before a notary, navigating state and federal rules and accurately conveying what you want often requires a legal mind and one experienced in drafting power of attorney documents. California's permanent power of attorney laws are described in the California Power of Attorney Act beginning at Section 4000. If the de facto lawyer requests an oath or verification under oath or affirmation, the de facto lawyer must swear or affirm the statement on his behalf only. Usually, when notarizing a signature on a power of attorney document, you must follow the normal steps to complete an acknowledgment of receipt or take a jurat, depending on the type of notarial act that is required or requested by the principal.
Along with a will, power of attorney for finance and health care should be part of everyone's estate planning documents. As you can see in the third step above, a power of attorney must be notarized in the state of California. This is a power of attorney document created to grant an agent powers that persist even when the principal is incapacitated. The last will and power of attorney are powerful and important documents that give you peace of mind and protect your family.
In the previous article, the author claims that the lawyer in fact signs is the only notary who will attend and notarize. If you used the California statutory POA form, it will say, UNLESS OTHERWISE STATED ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL REVOKED. Keep in mind that if you use the California legal form, the power of attorney is durable (meaning it will remain effective after your disability).