Getting a power of attorney notarized for someone in jail.
A practical guide for families in Los Angeles County: what California asks of a power of attorney, how the person in custody is identified, and how the visit gets done.
What an inmate power of attorney is for
A power of attorney lets the person in custody, the principal, name someone they trust, the agent, to act for them while they can’t: paying bills, dealing with a bank, releasing a car, handling property or signing for the household.
Which powers to give, and which form to use, is the principal’s decision, made with their attorney or a court self-help center. A notary can’t choose the form, fill it in or explain what it does, and I won’t.
What California requires of a power of attorney
Under Probate Code §4121, a durable power of attorney has to be dated and signed, and then either acknowledged before a notary public or signed by two qualified adult witnesses. The agent can’t be one of those witnesses (§4122).
The statutory form in Probate Code §4401 is legally sufficient only when the principal’s signature is acknowledged (§4402), so that form needs a notary. Likewise, a document that will be recorded with the county has to be acknowledged (Government Code §27287), and banks and title companies generally expect the notarized version.
For the notarization itself, California requires the signer’s thumbprint in the notary journal for a power of attorney (Government Code §8206).
How an inmate power of attorney gets signed
- Complete the form first: the principal’s and agent’s names and the powers chosen. I can’t fill in blanks at the visit.
- Find the facility and booking number on the Sheriff’s Inmate Information Center, then send them to me with the document.
- Identification: in a county jail, the sheriff’s inmate ID works; in state prison, the CDCR inmate ID card does (Civil Code §1185(b)(3)(C) and (D)), current or issued within five years. Otherwise, two qualifying credible witnesses can identify the signer under oath.
- The visit: I arrange the professional visit, confirm again before I leave, and the principal signs in front of me and leaves a thumbprint in the notary journal.
- Afterward: the original goes to the agent or whoever you name, and you pay once the notarization is complete.
Facility pages: Twin Towers and Men’s Central Jail · CRDF Lynwood · Pitchess and NCCF, Castaic.
What the notary can and can’t do
- Can: identify the principal, watch them sign and complete the acknowledgment certificate
- Can: record the signing and the thumbprint in the notary journal, and arrange the visit with the facility
- Can’t: draft, choose or explain the power of attorney, or give legal advice
- Can’t: let anyone sign for the principal, or proceed if the principal doesn’t understand or doesn’t want to sign
For help picking the right form, the person’s attorney, a legal aid office or the Superior Court’s self-help center is the place to start.
Inmate power of attorney questions
Can someone in jail sign a power of attorney?
Yes, when they appear in person before the notary, are identified under California law, and sign willingly, understanding what they are signing. The visit happens in the facility’s professional visiting area.
Does a power of attorney have to be notarized in California?
A durable power of attorney needs either a notary’s acknowledgment or two qualified witnesses (Probate Code §4121). The statutory form needs the acknowledgment (§4402), as does anything that will be recorded, and banks and title companies generally expect it.
What ID does an inmate use for a power of attorney?
In a county jail, the sheriff’s inmate identification; in state prison, the CDCR inmate ID card. Either must be current or issued within five years (Civil Code §1185(b)(3)(C) and (D)). Otherwise two qualifying credible witnesses can identify the signer under oath.
Can the agent sign the power of attorney for the inmate?
No. The principal, the person in custody, signs it and appears before the notary. The agent named in the document can’t sign for them and can’t serve as one of the witnesses.
Can you help us choose the right power of attorney?
No. Choosing or explaining a legal document is legal advice, which a notary can’t give. The person’s attorney, a legal aid office or the court’s self-help center can help with the form; I handle the notarization.
