A power of attorney can give another person significant authority to handle financial, property, business, or other matters on someone’s behalf. Because of that authority, properly executing the document is an important part of making sure it can be accepted when it is needed.
If you are wondering how to notarize a power of attorney in California, the process is generally straightforward: prepare the document, determine the required notarial act, meet personally with a California notary public, establish the signer’s identity, complete the required journal entry, and have the notary complete the appropriate certificate.
California law also has requirements that are particularly important for powers of attorney, including a mandatory fingerprint in the notary’s journal when a power of attorney is notarized.
This guide explains the process, what you should bring to your appointment, and how to avoid common problems that could delay your notarization.
Note: This article provides general information about California notarization procedures and is not legal advice. Questions about which type of power of attorney you need, what authority it should provide, or whether a particular document meets your legal needs should be directed to a qualified California attorney.
What Is a Power of Attorney?
A power of attorney, often abbreviated as POA, is a legal document through which one person, known as the principal, grants another person authority to act on the principal’s behalf. The person receiving that authority may be referred to as an agent or attorney-in-fact.
Powers of attorney can be used for many purposes, including managing finances, handling real estate transactions, conducting business, or completing other transactions when the principal cannot or does not want to handle them personally.
California Probate Code Section 4121 provides that a power of attorney is legally sufficient when it contains the execution date, is properly signed by or for the principal, and is either acknowledged before a notary public or signed by at least two qualifying witnesses.
If the witness method is used, the witnesses must be adults, the attorney-in-fact cannot serve as a witness, and each witness must observe either the principal signing the document or the principal acknowledging the signature or power of attorney.
Because specific documents and transactions may carry additional requirements, it is important to follow the instructions provided with your particular power of attorney.
Does a Power of Attorney Need to Be Notarized in California?
Not every California power of attorney necessarily has to use notarization as its method of execution. Under California Probate Code Section 4121, a power of attorney can generally satisfy the statute by being acknowledged before a notary public or signed by at least two witnesses who meet California’s requirements.
However, notarization may be required or strongly preferred depending on the type of power of attorney, the transaction in which it will be used, and the requirements of the organization receiving it.
For example, a bank, title company, government agency, or other institution may have its own documentation and acceptance requirements. If you are unsure whether your particular POA needs notarization or what language it must contain, consult the receiving organization or an attorney before your notary appointment.
How to Notarize a Power of Attorney in California: Step by Step
Knowing how to notarize a power of attorney in California before your appointment can help you avoid unnecessary delays. Here is what you can generally expect.
Step 1: Make Sure Your Power of Attorney Is Ready
Start with the power of attorney that you intend to execute.
Review the document for obvious missing pages or blank areas that are supposed to be completed before signing. A California notary’s role is to perform the requested notarial act—not to draft your power of attorney, determine what powers should be granted, or provide legal advice about its contents.
Your document should also contain the required execution information applicable to the type of POA you are using. California Probate Code Section 4121 specifically requires a legally sufficient power of attorney under that provision to contain the date of execution.
If an attorney prepared your power of attorney, follow the attorney’s signing instructions carefully.
Step 2: Determine the Notarial Act You Need
One important part of understanding how to notarize a power of attorney in California is recognizing that “notarization” is not a single type of procedure.
An acknowledgment is commonly associated with powers of attorney. With an acknowledgment, the signer personally appears before the notary and acknowledges executing the document. California’s acknowledgment certificate verifies the identity of the person whose signature is being acknowledged; it does not certify the truthfulness, accuracy, or validity of the underlying document.
A jurat is different. It involves an oath or affirmation and requires the document to be signed in the notary’s presence. California also prescribes specific certificate language for jurats.
The document itself or the party receiving it may specify what type of notarization is required. A notary public cannot provide legal advice or decide what notarial act you should use when that decision would amount to choosing the legal effect of the document.
Step 3: Gather the Documents and Identification You Need
Preparing everything beforehand can make the appointment faster.
For a typical power of attorney notarization, plan to have:
- The power of attorney document you need notarized.
- All necessary pages and attachments that belong with the document.
- Acceptable identification for the person whose signature is being notarized.
- Any instructions from your attorney, financial institution, title company, or receiving agency regarding how the document must be executed.
- Any required witnesses, if your document or circumstances require them.
California notaries must establish the identity of a signer using satisfactory evidence when completing an acknowledgment or jurat. The state’s rules identify acceptable forms of identification and other legally permitted methods of establishing identity.
If you are unsure whether your identification will be acceptable, it is a good idea to confirm with your notary before the appointment.
Step 4: Personally Appear Before the California Notary
The individual whose signature is being notarized generally needs to personally appear before the notary public.
This point is particularly important for anyone considering an online appointment. California’s Secretary of State currently states that a video image or other nonphysical representation does not constitute personal appearance before a California notary public under state law.
A mobile notary can make the personal-appearance requirement significantly more convenient by traveling to the signer rather than requiring the signer to visit a notary office.
Step 5: Present Your Identification
At the appointment, the notary will establish the signer’s identity in accordance with California law.
The name appearing on the identification and the name used in the document should be reviewed carefully before the appointment. Differences, expired or otherwise unacceptable identification, or missing documentation can prevent the notarization from being completed as planned.
If you anticipate an identification issue, discuss it with your notary in advance so you can determine whether another legally acceptable method of establishing identity may be available.
Step 6: Sign or Acknowledge the Power of Attorney as Required
What happens next depends on the notarial act.
For an acknowledgment, a document may already have been signed before the appointment, provided the signer personally appears and makes the required acknowledgment to the notary. A jurat has different requirements, including signing in the notary’s presence and taking an oath or affirmation.
Do not assume that every power of attorney should be handled the same way. Follow the instructions associated with your document and the notarial certificate being completed.
Step 7: Sign the Notary’s Journal and Provide a Fingerprint
California notaries maintain a sequential journal containing information about their official notarial acts. A power of attorney has an additional journal requirement that is especially useful to know before arriving.
When a power of attorney document is notarized, the signer must provide a right thumbprint in the notary’s journal. If the right thumbprint is unavailable, California law provides alternatives involving another available finger, with the appropriate notation in the journal. If the signer is physically unable to provide a fingerprint, the notary records that fact and an explanation of the condition.
This requirement is specific enough that first-time signers may not expect it, but it is a standard part of properly documenting a California power of attorney notarization.
Step 8: The Notary Completes the Notarial Certificate
After the identification, signing or acknowledgment, journal entry, and any other requirements are complete, the notary completes the appropriate notarial certificate and applies the notary’s signature and official seal as required.
California’s acknowledgment and jurat certificates contain a required notice explaining that the notary verifies the signer’s identity rather than the truthfulness, accuracy, or validity of the underlying document.
This distinction is important: notarization does not mean that the notary has reviewed or approved the legal terms of your power of attorney.
What Identification Can You Use to Notarize a Power of Attorney in California?
California law specifies the ways in which a notary may establish a signer’s identity. Common government-issued identification can qualify when it satisfies the applicable statutory requirements.
For example, the current California Notary Public Handbook identifies qualifying forms of identification and explains the conditions they must meet, including rules regarding issuance and validity periods.
Because acceptable identification depends on California’s specific requirements, contact the notary ahead of time if you have an unusual, foreign, expired, or otherwise potentially problematic form of identification.
This is particularly useful when scheduling a mobile appointment: confirming your ID beforehand may prevent a wasted trip.
Can a California Notary Certify a Copy of a Power of Attorney?
Yes. California has a specific exception that allows a notary public to certify a copy of a power of attorney.
The current California Notary Public Handbook provides a procedure for this service: the requester personally appears with the original power of attorney and the copy, and the notary compares them before completing the certification.
This should not be confused with notarizing the principal’s signature when the power of attorney is originally executed. Notarizing a signature and certifying a copy are separate notarial services.
If an organization requests a “certified copy of the power of attorney,” clarify exactly what it requires before your appointment.
Do You Need an Apostille for a Power of Attorney?
An apostille and a notarization serve different purposes.
If your power of attorney is intended for use in another country, the receiving authority may require additional authentication after the notarization. The California Secretary of State is responsible for authenticating signatures of California public officials and notaries public and issuing apostilles.
Whether your POA actually needs an apostille will depend on where and how the document will be used. Before starting the process, confirm the requirements with the foreign agency, attorney, consulate, or other organization receiving the document.
VIP Notary Services can also assist clients who require apostille services in addition to notarization.
Why Choose VIP Notary Services for a California Power of Attorney?
At VIP Notary Services, we provide convenient certified mobile notary services throughout Santa Monica, West Los Angeles, and surrounding Southern California communities. Rather than requiring you to search for a traditional notary office, our mobile service brings the notary to your preferred location. VIP Notary Services specializes in legal document notarizations, real estate and loan document signings, high-volume notarizations, apostille services, and other documents requiring notarization. We are licensed and bonded in California and have been a member of the National Notary Association since 2012.
Our service areas include Santa Monica, Pacific Palisades, Beverly Hills, Century City, Culver City, Venice, Malibu, Marina del Rey, Bel Air, West Los Angeles, Brentwood, Westwood, Hollywood, West Hollywood, and other surrounding communities. We provide mobile notary availability 24 hours a day, seven days a week, making it easier to arrange an appointment around work, family, travel, mobility, and other scheduling needs.
Notarize Your Power of Attorney With VIP Notary Services
Understanding how to notarize a power of attorney in California can make the process much easier. Prepare the complete document, confirm the type of notarization required, bring acceptable identification, appear personally before the notary, and be prepared to complete the required journal entry and fingerprint.
When you want the convenience of a notary who comes to you, VIP Notary Services is ready to help. We provide professional mobile notary and apostille services throughout Santa Monica, West Los Angeles, Beverly Hills, Century City, and surrounding Southern California communities, with 24/7 mobile availability.
Contact VIP Notary Services today for a free quote or to schedule an appointment to notarize your California power of attorney. Call or text 310-880-7896 to arrange convenient mobile notary service at your home, office, hospital, business, or another suitable location.
FAQs
The individual whose signature is being notarized must personally appear before the California notary for the applicable notarial act. California currently does not treat appearance by video as personal appearance before a California notary.
It depends on the notarial act. For an acknowledgment, the signer can generally acknowledge a previously made signature. A jurat requires signing in the notary’s presence.
Not necessarily. The people who need to appear depend on whose signatures require notarization and any specific execution requirements contained in the document. Check the POA and any instructions from the attorney or receiving organization.
California Probate Code Section 4121 generally provides alternatives: a qualifying power of attorney may be acknowledged before a notary or signed by at least two witnesses meeting Section 4122’s requirements. Other requirements may apply to particular documents or transactions, so follow the instructions for your specific POA.
Yes. When notarizing a power of attorney, a California notary is required to obtain the signer’s right thumbprint in the notary journal, subject to statutory alternatives when that thumbprint is unavailable or the signer cannot physically provide one.
Yes. VIP Notary Services is a traveling mobile notary service that meets clients throughout Santa Monica and surrounding areas, allowing the required in-person notarization to take place at a convenient agreed-upon location.