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. As mentioned earlier, you can't just sign the document and end the day. In California, you must have the POA notarized.
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. The power of attorney witnesses cannot include the lawyer who drafted the power of attorney document.
For estate planning purposes, and for the future of your finances and healthcare, the most notable form of a POA is the durable power of attorney. 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. With a medical power of attorney, you can designate someone to make health care decisions for you if you become unable to make those decisions yourself. All Durable Powers of Attorney for Health Care (DPAHC) and Natural Death Act statements remain valid.
In its simplest form, a document that acts as a power of attorney can be life-changing, life-saving, and very dangerous in the wrong hands. Power of Attorney is essential in case you are incapacitated or not physically present to make decisions on your own behalf. You should also give a copy of the power of attorney to your agent so that he or she is familiar with the contents of the document and can use it when necessary. 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.
When you sign as a power of attorney for someone, you should be aware that you are legally signing on their behalf. Preparing power of attorney is not very complicated, if both parties are willing and ready to draft and notarize the necessary documents. Take your time to read the following carefully and, above all, remember that until you execute the document and give it to your doctor and the designated holder of powers, you will not have the ability to control health decisions made on your behalf should you become incompetent. It's helpful to understand why this document is important, in the sense of what it could do for you, and why it's a good idea to help your spouse or loved one obtain a power of attorney for specific circumstances and purposes.
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