Notarizing a Power of Attorney in California: What Notaries Need to Know

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A power of attorney is one of the most consequential documents a notary will handle. It grants another person the legal authority to act on someone’s behalf, often involving financial decisions, real estate transactions, and healthcare choices. Because the stakes are high, California has specific requirements for notarizing powers of attorney that go beyond what applies to ordinary documents.

The thumbprint requirement

Government Code 8206(a)(2)(G) requires a thumbprint in your journal for any power of attorney document. This applies to all types: durable, general, special, healthcare, and springing. The thumbprint goes in the journal, not on the document itself.

If the principal (the person creating the power of attorney) does not have a right thumb, use the left thumb. If neither thumb is available, use any finger and note which one in the journal. If the principal is physically unable to provide any print, document the condition and the reason.

This requirement exists because powers of attorney are frequent targets of fraud. A thumbprint creates a biometric record that is difficult to dispute if the notarization is ever challenged.

Which notarial certificate to use

Most powers of attorney require an acknowledgment. The principal is acknowledging that they signed the document voluntarily. Some powers of attorney require a jurat (oath or affirmation) if the document includes sworn statements. The document itself usually indicates which certificate is needed.

If the principal does not know which certificate to use and the document does not specify, the notary cannot decide for them. Choosing the certificate type constitutes giving legal advice, which notaries are prohibited from doing. The principal should consult the attorney who prepared the document or the institution that will receive it.

What you can do: explain the difference between an acknowledgment and a jurat. An acknowledgment confirms that the signer appeared before you and acknowledged signing voluntarily. A jurat requires the signer to swear or affirm that the contents of the document are true. Let the signer decide which one applies.

Identity verification for the principal

The principal must appear before you in person. You verify their identity the same way you would for any other notarization: through satisfactory evidence, which means either an acceptable government-issued photo ID or the oath of one or two credible witnesses.

Credible witnesses can be used for POA notarizations. If you use credible witnesses, you still need the principal’s thumbprint in the journal. The witnesses verify the principal’s identity; the thumbprint creates the biometric record. Both are required.

Certified copies of powers of attorney

California notaries can certify copies of powers of attorney. This is one of the few types of documents that California explicitly allows notaries to certify copies of (along with journal entries and, by some interpretations, notary-owned business records).

To certify a copy:

• The principal or the person requesting the certification must present the original power of attorney
• You compare the copy to the original to confirm it is a complete and accurate reproduction
• You complete a notarial certificate of copy certification, attesting that the copy is a true and correct reproduction
• You record a journal entry and collect the appropriate fee

Each certified copy is a separate notarial act with its own journal entry and fee. If someone needs four certified copies of a POA, that is four journal entries and four fees.

You cannot certify a copy of a power of attorney that was executed in another state unless you have the original to compare against. A photocopy without the original cannot be certified because you have no way to verify it is a true reproduction.

Proof of execution cannot be used for POAs

A proof of execution by a subscribing witness cannot be used for any power of attorney. This is explicitly stated in California law. The principal must appear before the notary in person. No exceptions.

This restriction also applies to deeds, deeds of trust, mortgages, and any document affecting real property. The common thread is that all of these documents require a thumbprint, and the legislature determined that the principal’s personal appearance is necessary for documents of this significance.

Common problems with POA notarizations

The principal appears to be under duress

If someone is pressuring the principal to sign a power of attorney, you should decline the notarization. A notary is not required to notarize a document if there is reason to believe the signer is acting under coercion. This is one of the few situations where you should exercise your judgment and refuse, even if the signer has proper ID and is willing to sign.

The document has no notarial certificate attached

If the power of attorney does not include a notarial certificate, the signer needs to tell you which type they need. You can explain the difference between an acknowledgment and a jurat, but you cannot choose for them. If they do not know, they should contact the person or institution that prepared or requested the document.

The principal signs by mark

If the principal cannot write their name and signs by mark (an X or another symbol), you still need a thumbprint. The thumbprint is especially important in this situation because a mark by itself is not a unique identifier. Two designated witnesses must also observe the marking and subscribe their names on the document.

Journal entry checklist for POA notarizations

When notarizing a power of attorney, your journal entry must include everything a standard entry requires, plus the thumbprint:

• Date and time of the notarial act
• Type of notarial act (acknowledgment or jurat)
• Document title (“Power of Attorney,” “Durable Power of Attorney,” etc.)
• Principal’s signature in the journal
• Principal’s right thumbprint (or other finger if right thumb unavailable)
• ID information: type of ID, issuing agency, serial number, expiration date
• Fee charged (up to $15 per signature for acknowledgments and jurats)

Frequently asked questions

Does the thumbprint go on the document or in the journal?

In the journal only. The thumbprint never goes on the power of attorney document itself.

Can I notarize a POA for a family member?

California does not prohibit notarizing for family members, but you should consider whether you have a financial or beneficial interest in the document. If you are named as the agent in the POA, you should not notarize it because you have a direct interest in the transaction.

Can a POA be notarized using credible witnesses?

Yes. If the principal lacks acceptable photo ID, you can use one or two credible witnesses to establish identity. You still must obtain the principal’s thumbprint in the journal.

How many certified copies can I make of a POA?

As many as the requester needs, as long as you have the original to compare against. Each certified copy is a separate notarial act with its own journal entry and $15 maximum fee.

Can I certify a copy of a POA from another state?

Only if the original document is presented for comparison. You cannot certify a copy without seeing the original, regardless of which state it was executed in.

Can I use proof of execution for a POA?

No. California law explicitly prohibits using proof of execution by a subscribing witness for any power of attorney. The principal must appear before you in person.

What if the principal seems confused about what they are signing?

Decline the notarization. If the principal does not appear to understand the nature and effect of the document, they may lack the capacity to execute a power of attorney. You are not qualified to make a medical determination of capacity, but you are expected to use reasonable judgment. If something seems wrong, do not proceed.