How to execute a power of attorney if the parties live in different states?

July 9, 2007 5:18 PM

How to execute a power of attorney in California?

My parents want to elect me their power of attorney. They live in California and I live in another state. If I am named in the POA document, do I need to be there as it is executed and notarized etc?

posted by FergieBelle to Law & Government (3 answers total)

I was chosen as the nominee for a durable POA and HCPOA by my mother here in Texas, but was not present when her lawyer presented the documents and when she signed them. There was no place in the documents for the POA nominee to sign.

California law may vary, but I'd be surprised if you had to be there. Of course, if your parents are working with a lawyer, follow that person's advice.
posted by Robert Angelo at 8:18 PM on July 9, 2007

For a power of attorney executed in California to be effective, either (1) it must be signed by two disinterested witnesses to you parents' signature or (2) your parents' signature must be acknowledged before a notary public.

The attorney in fact (that's you) does not need to sign, or even be present at the signing.
posted by mahamandarava at 9:10 PM on July 9, 2007

Your better off paying a competent California attorney to take care of this matter. This is a biggie, and the last thing you want to do is to have to figure this stuff out when the very difficult times come. Have that attorney set you up top to bottom with what needs to be done so you can focus on your parents and the difficult decisions that go along with this responsibility.
posted by Ironmouth at 9:55 PM on July 9, 2007