California · Probate Code §§4121–4406California power of attorney at closing: execution, reliance, the agent's affidavit and how the agent signs the deed

A California power of attorney is legally sufficient if it is dated, signed by the principal (or by another adult in the principal's presence and at the principal's direction), and either acknowledged before a notary or signed by at least two adult witnesses – who may not include the attorney-in-fact (Cal. Prob. Code §§4121, 4122). It is durable if it says it won't be affected by the principal's later incapacity, or that it takes effect on incapacity (§4124). A third person who relies in good faith on a power of attorney presented by the attorney-in-fact, that appears valid on its face and is notarized or signed by two witnesses, is not liable for doing so (§4303). The attorney-in-fact's affidavit that it had no actual knowledge of revocation, termination, or the principal's death or incapacity is conclusive proof that the power hadn't ended, and it is recordable along with a recordable instrument (§4305); a third person who refuses to accept the authority after receiving that affidavit can be liable for attorney's fees unless it believed in good faith the agent was unqualified or overstepping (§4306). A copy certified by a California attorney, notary or authorized official has the same force as the original (§4307). Under the statutory form, the agent may execute, acknowledge and deliver a deed or mortgage (§4450), and a third person who unreasonably refuses a properly executed statutory form can be compelled to honor it and pay fees (§4406). On a deed, the attorney-in-fact signs the principal's name and its own name as attorney in fact (Cal. Civ. Code §1095).