California Real Estate (Property) Power of Attorney Form
The California Real Estate (Property) Power of Attorney is completed by a party known as the principal so that they may organize for an agent to take charge of their real estate concerns for a length of time up to their choosing. The main actions which may be performed by the agent for the principal include the following property-related tasks:
- Selling of property
- Purchasing property
- Refinancing of debts
- Property management
On the second (2nd) page of the document, the principal has the option to make the POA durable. If both a checkmark and initials are written next to the option “Shall Not,” the agreement WILL NOT be terminated in the case the principal can no longer make decisions for themselves. It is extremely important that the principal weighs the decision of whether or not make the POA durable, as the consequences of having their estate permanently altered are very real. This is because the principal, if incapacitated, would not be in the mental shape to issue the revocation.
State Laws & Signing Requirements
State Laws: §§ 4000 to 4545
Signing Requirements (Division 4.5, Ch.2, § 4121): Valid execution of a California real estate POA necessitates that the principal’s signature is witnessed by two (2) people (that do not personally know the principal), or the form is acknowledged by a Notary Public.