Laws Regarding the Power of Attorney in California For example, if the principal’s relative uses someone else’s ID to sign as the independent witness, this is an act of fraud. It is an additional crime, fraud, to have someone sign the document as someone else who is an impartial witness. While this is rare, perjury can result in significant fines and criminal charges. Perjury in California can result in a sentence of up to four years in jail. Witnesses do not have to reside in California, but they could be called to the state courts to validate the document. A court will use this information to locate them and summon them if there are challenges to the durable power of attorney document’s validity. In addition, witnesses are expected to include their complete addresses. The witness should not sign it if they suspect the principal is drugged, suffering from dementia, or in fear of any other parties.Įach witness must sign the document and include their full legal names on the power of attorney form. Witnesses are there to confirm that the person signing the power of attorney is doing so freely without undue pressure or threats from family members. The power of attorney witnesses cannot include the attorney who drafted the power of attorney document.Īnyone who does not fall into these exclusions can act as a power of attorney witness. Witnesses cannot be paid for the act of witnessing the document. For example, you cannot have an elderly family friend who may have dementia or someone with a recorded mental illness witness the document. All witnesses must also be mentally competent. Thus, for example, if someone is planning on leaving money to lifelong employees upon their death, these employees cannot act as witnesses even if they are unrelated to the principal by blood.Ī California power of attorney witness must be an adult. No one who is a beneficiary of the principal’s estate can be a witness to the power of attorney. Nor may adopted family members act as witnesses. This excludes daughters-in-law and stepchildren from witnessing a power of attorney document. Nor can anyone related by marriage act as a California durable power of attorney witness. Witnesses cannot be related by blood children, grandchildren, nieces, and nephews cannot act as witnesses to a California durable power of attorney. This statute is intended to protect the principal from having a document handing over control of one’s affairs witnessed and approved by those who benefit from it. Witnesses cannot be related to the power of attorney’s principal. Create a Durable POA in Under 10 Minutes! Who Can Be a Witness to a California POA? A notary can notarize the durable power of attorney in addition to it being signed in front of at least two witnesses. Every witness to the power of attorney document must witness the principal signing the document or the notary’s acknowledgment. Rules and Restrictions on the Power of Attorney Witnesses in CaliforniaĬalifornia requires that the signature of the principal of the Power of Attorney must be acknowledged and recorded by a notary or acknowledged by two witnesses.
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