[CA] Can a durable power of attorney be notarized without the agent present and later recorded for a real estate sale?

Lexi, Chatbot

I understand that creating a Power of Attorney can be a complex process. Have you already discussed this arrangement with the family member who will be receiving the Power of Attorney?

Lexi, Chatbot

Is the Power of Attorney intended to be durable, meaning it remains effective if you or your husband become incapacitated?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your Power of Attorney.

Jon

Hello and thank you for reaching out! I’m Jon, a licensed attorney with over 13 years of experience, and I’m here to help.

I understand legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and guide you toward the right solution for your situation.

1. Will the Power of Attorney need to be used outside of California at any point, or just within California?
2. Is your family member currently residing in the United States, or are they located abroad?

Jon

Thanks for that. Will your family member be signing any documents related to the sale in person, or will everything be handled remotely?

Jon

Either.

And are there any specific terms or limitations you want included in the Power of Attorney regarding the sale of the real estate?

Jon

Understood! I believe I have all the information I need. Is there anything else you'd like to add before I start working on your answer? If not, I’ll get started right away.

Jon

A Durable Power of Attorney (POA) is a common and legally reliable way to let someone handle the sale of real estate in California, especially if you and your husband want to plan ahead.

First, both you and your husband, as the “principals,” will need to sign the POA. Your family member, who will act as the “agent,” doesn’t need to sign the document right away. Under California law, the agent can sign and date it later when they actually need to use it.

What really matters is that the document itself must be notarized. That means you and your husband must sign it in front of a notary public. Without notarization, the county recorder won’t accept it, and the POA won’t be valid for recording or real estate use.

As for identifying your family member, it’s fine to include their full legal name and additional identifying information, such as a passport number, even if they aren’t present at the time. This helps clearly confirm their identity later.

There are two types of POA to consider:

• Durable POA – effective immediately and remains valid if you become incapacitated
• Springing POA – only becomes effective upon a triggering event, such as a doctor certifying incapacity

For real estate matters, the POA must clearly state that the agent has authority to sell, transfer, mortgage, or otherwise handle the property (CA Prob Code § 4123 (a)(b)). General language may not be sufficient for title companies.

Additionally, the POA must be recorded with the County Recorder’s Office in the county where the property is located before the agent can use it in a real estate transaction.

Because your agent is abroad, when they eventually sign documents related to the sale, they will likely need to use a U.S. embassy or consulate for notarization.

Finally, since the property is jointly owned, both you and your husband must sign the POA to grant authority over the entire property.

For templates, eForms.com has useful California POA forms:

• California Durable POA
• All CA POA forms

Even with templates, I strongly recommend consulting a California attorney to ensure the POA meets title company and recording requirements.

Jon

To answer your question directly: yes.

A POA used for real estate in California must be recorded with the County Recorder’s Office in the county where the property is located before it can be used in a real estate transaction.

Jon

Correct. It must be notarized in order to record it with the county.