Durable Power of Attorney When having a durable power of attorney notorized…

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Durable Power of Attorney
When having a durable power of attorney notorized does the notary have to “witness” the witnesses signature ? I’m using a program called Kiplingers Legal 2000 for the forms and this isn’t clear on the instructions.

2 thoughts on “Durable Power of Attorney When having a durable power of attorney notorized…”

  1. Re: Durable Power of Attorney
    Assuming you are in California, you have a choice. You can either have the POA notarized or use two witnesses. Here is the text of the controlling Probate Code section:

    4121. A power of attorney is legally sufficient if all of the
    following requirements are satisfied:
    (a) The power of attorney contains the date of its execution.
    (b) The power of attorney is signed either (1) by the principal or
    (2) in the principal’s name by some other person in the principal’s
    presence and at the principal’s direction.
    (c) The power of attorney is either (1) acknowledged before a
    notary public or (2) signed by at least two witnesses who satisfy the
    requirements of Section 4122.

    Christopher Enge
    Law Offices of Christopher J. Enge
    1840 Gateway Drive, #200
    San Mateo, CA 94404

  2. Re: Durable Power of Attorney
    even if the notary doesnt see you sign it you can get it noterized later by the signor telling the notary that it is his true signature.

    Ken Koury
    Kenneth P. Koury, Esq.
    22425 Ventura Blvd., #286
    Woodland Hills, CA 91364

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