Cal. Codes » Probate Code / DIVISION 4.5. POWERS OF ATTORNEY / PART 2. POWERS OF ATTORNEY GENERALLY / CHAPTER 2. Creation and Effect of Powers of Attorney
California Codes

Cal. Probate Code § 4121 (2026)

Creation and Effect of Powers of Attorney

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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.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2004–2025 · leading case: People v. Starski, 7 Cal. App. 5th 215 (Cal. Ct. App. 2017).
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People v. Starski, 7 Cal. App. 5th 215 (Cal. Ct. App. 2017). “[¶] Probate Code section 4121 sets forth a number of technical requirements for the sufficiency of a power of attorney, including a requirement that it be acknowledged before a notary public or signed by at least two witnesses.”
Smith v. Wells Fargo Bank, N.A., No. 4:25-cv-00719 (N.D. Cal. Sept. 30, 2025). “See Cal. Prob. Code § 4121 . 5 Plaintiff argues that § 4303 does not apply because, as a threshold matter, she has alleged 6 sufficient facts supporting an inference that Defendants acted in bad faith.”
Root v. Emeritus Corp., No. A134748 (Cal. Ct. App. May 17, 2013). “” (Prob. Code, § 4121, subd. (c).) In our view, however, a power of attorney for health care in an advance health care directive is governed by Probate Code sections 4680 et seq.”
In re Est. of Rabinowitz, 114 Cal. App. 4th 635 (Cal. Ct. App. 2004). “DISCUSSION Probate Code section 4121 1 imposes three conditions for creating a valid power of attorney.”
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