Free California Real Estate Power of Attorney Form Template

A California real estate power of attorney form appoints an attorney-in-fact to handle real property matters for you. Division 4.5 of the California Probate Code governs powers of attorney, and section 4121 sets what makes one legally sufficient.

Section 4121 lists three requirements, and section 4122 adds rules for witnesses.

It Must Be Dated

The power of attorney must contain the date it was executed.

Signed by You or at Your Direction

You sign it, or another adult signs your name in your presence and at your direction.

Notary or Two Witnesses

It must either be acknowledged before a notary public or signed by at least two witnesses who meet section 4122’s requirements.

Witness Rules

Under section 4122, witnesses must be adults, and the attorney-in-fact can’t be one. Each witness must witness either your signing or your acknowledgment of the signature or the document.

Not under section 4121, which accepts either a notary’s acknowledgment or two qualifying witnesses. They are alternatives.

If you use witnesses, both must be adults, and your attorney-in-fact can’t serve as one.

Tip: Date your California real estate power of attorney form before anyone signs. Section 4121 requires the date of execution on the document.

Keep the execution clean:

1. Date the document.
2. Name yourself as principal and your attorney-in-fact.
3. Identify the property and the powers you grant.
4. Sign it, or direct an adult to sign for you in your presence.
5. Acknowledge it before a notary, or sign before two adult witnesses.
6. Give the signed document to your attorney-in-fact.

Cover these points:

• The date of execution
• Principal’s and attorney-in-fact’s names
• The property and the powers granted
• Principal’s signature
• A notary’s acknowledgment or two witness signatures

Document Genius’s customizable template covers each item. Your California real estate power of attorney form is ready to sign in minutes.