Power of Attorney and Health Care – General – California
California Code Section 4121 states that 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 another adult 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.
Section 4122. If the power of attorney is signed by witnesses, as provided in Section 4121, the following requirements shall be satisfied:
(a) The witnesses shall be adults.
(b) The attorney-in-fact may not act as a witness.
(c) Each witness signing the power of attorney shall witness either the signing of the instrument by the principal or the principal’s acknowledgment of the signature or the power of attorney.
Generally, a power of attorney must be in writing, signed by the principal, dated and notarized. The Principal should sign the power of attorney in the presence of the notary or other person taking the acknowledgment. Notice must be given in order to revoke the power of attorney. Therefore, if the principal wishes to revoke the power of attorney he/she should send a written notice of revocation to the acting attorney-in-fact/agent and to all third parties relying on the authority of the acting attorney-in-fact/agent.