Can this notice be e-signed?

Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. §7001) and UETA in most states, provided intent, consent, attribution, and record retention are met.

Is notarization always required?

Not always. Notarization requirements vary by state; some states require two witnesses or a notary for durable POA. Confirm local law before relying on an unsigned or unnotarized copy.

What if the principal lacks capacity?

If the principal lacks capacity at signing, the POA can be void. Assess capacity at execution and consider medical attestation or conservatorship procedures when capacity is uncertain.

How do I revoke the POA or notice?

Revoke in writing, date the revocation, notify the agent and relevant third parties, and record or deliver the revocation per state practice to prevent unauthorized acts.

How should third parties verify authority?

Third parties typically ask for the signed POA, the accompanying notice, photo ID, and any notary or witness evidence; institutions may have internal acceptance policies.

Are there privacy concerns with electronic delivery?

Yes. For healthcare or PHI, ensure the eSignature provider supports HIPAA (BAA required). Limit shared information and use secure transmission channels.

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Notice to Person Executing Durable Power of Attorney

Notice to Person Executing Durable Power of Attorney

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Durable Power of Attorney Notice and Acceptance

This Notice is required on a printed form of a durable power of attorney that is sold or otherwise distributed in California for use by a person who does not have the advice of legal counsel. It shall be in not less than 10-point boldface type or a reasonable equivalent. This notice is not required for the Uniform Statutory Power of Attorney form.

Notice to Person Executing Durable Power of Attorney

A durable power of attorney is an important legal document. By signing the durable power of attorney, you are authorizing another person to act for you, the principal. Before you sign this durable power of attorney, you should know these important facts:

Your agent (attorney-in-fact) has no duty to act unless you and your agent agree otherwise in writing.

This document gives your agent the powers to manage, dispose of, sell, and convey your real and personal property, and to use your property as security if your agent borrows money on your behalf. This document does not give your agent the power to accept or receive any of your property, in trust or otherwise, as a gift, unless you specifically authorize the agent to accept or receive a gift.

Your agent will have the right to receive reasonable payment for services provided under this durable power of attorney unless you provide otherwise in this power of attorney.

The powers you give your agent will continue to exist for your entire lifetime, unless you state that the durable power of attorney will last for a shorter period of time or unless you otherwise terminate the durable power of attorney. The powers you give your agent in this durable power of attorney will continue to exist even if you can no longer make your own decisions respecting the management of your property.

You can amend or change this durable power of attorney only by executing a new durable power of attorney or by executing an amendment through the same formalities as an original. You have the right to revoke or terminate this durable power of attorney at any time, so long as you are competent.

This durable power of attorney must be dated and must be acknowledged before a notary public or signed by two witnesses. If it is signed by two witnesses, they must witness either (1) the signing of the power of attorney or (2) the principal's signing or acknowledgment of his or her signature. A durable power of attorney that may affect real property should be acknowledged before a notary public so that it may easily be recorded.

You should read this durable power of attorney carefully. When effective, this durable power of attorney will give your agent the right to deal with property that you now have or might acquire in the future. The durable power of attorney is important to you. If you do not understand the durable power of attorney, or any provision of it, then you should obtain the assistance of an attorney or other qualified person.

Notice to Person Accepting the Appointment as Attorney-in-Fact

By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you assume the fiduciary and other legal responsibilities of an agent. These responsibilities include:

1. The legal duty to act solely in the interest of the principal and to avoid conflicts of interest.

2. The legal duty to keep the principal's property separate and distinct from any other property owned or controlled by you.

You may not transfer the principal's property to yourself without full and adequate consideration or accept a gift of the principal's property unless this power of attorney specifically authorizes you to transfer property to yourself or accept a gift of the principal's property. If you transfer the principal's property to yourself without specific authorization in the power of attorney, you may be prosecuted for fraud and/or embezzlement. If the principal is 65 years of age or older at the time that the property is transferred to you without authority, you may also be prosecuted for elder abuse under Penal Code Section 368. In addition to criminal prosecution, you may also be sued in civil court.

I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by acting or agreeing to act as the agent (attorney-in-fact) under the terms of this power of attorney.

Date:

(Signature of agent)

(Print name of agent)

What this Notice Is and When it Applies

The Notice to Person Executing Durable Power of Attorney is a written statement provided to a principal at the time they sign a durable power of attorney (POA). It explains the nature of durable authority, the scope of powers being granted to the agent, the principal's right to revoke, and any witness or notarization requirements. The notice helps confirm the principal's informed consent, documents the transaction for third parties (banks, providers, title companies), and supports enforcement if questions arise about capacity or authority.

Why a Clear Notice Matters

A concise notice reduces disputes by confirming intent, scope, and formalities (signatures, notarization, witnesses). It helps third parties accept the agent's authority and supports legal validity under the ESIGN Act (15 U.S.C. §7001) and state law such as UETA where applicable.

Who typically receives and relies on this notice

The notice serves the principal, their chosen agent, and third parties who will act on the agent's authority.

Principals and agents who need clear, documented consent and scope of authority.
Banks, title companies, and healthcare providers verifying authority to act.
Attorneys and fiduciaries managing estate, financial, or health decisions.

Providing the notice at signing improves acceptance by third parties and reduces the need for later verification or litigation.

Primary signatories and their roles

Principal

The natural person granting durable authority. They must demonstrate capacity, sign where required, and may revoke the POA at any time while competent. Accurate identification and date are essential to avoid acceptance delays by third parties.

Agent

The appointed individual or entity authorized to act on the principal's behalf. The agent should acknowledge duties, act within scope, and provide proof of authority (POA document plus the notice) when interacting with institutions.

Essential fields to include on the notice

Principal Name: Full legal name

Agent Name: Full legal name

Effective Date: MM/DD/YYYY

Scope Summary: Brief authority scope

Notary/ Witness: Notary and witness status

Revocation Note: Revocation instructions

Complete the notice in four steps

Follow this simple sequence to prepare and deliver the notice alongside a durable POA to ensure clarity and acceptance.

01

Identify parties: Enter full legal names and contact details.
02

Summarize scope: State specific powers and any limitations.
03

Sign and notarize: Principal signs; notarize if state requires.
04

Deliver copies: Give originals to agent and institutions.

Configuring an online workflow for this notice

Recommended field settings and routing when preparing the notice in an eSignature platform or document editor.

Field	Configuration
Principal Signature	Required; date auto-fill enabled
Agent Acknowledgment	Optional; add email for countersign
Notary Block	Place as conditional field if state requires
Delivery	Send copies to agent and named institutions

How a signed notice is routed and used

The notice typically follows a short transmission path: sign, notarize if needed, and deliver to relevant parties.

Sign: Principal signs and dates the notice.
Notarize: Notary completes acknowledgement when required.
Distribute: Agent and institutions receive certified copies.
Record or Retain: File with title or retain per retention policy.

Digital signing and technical requirements

Ensure your chosen platform supports required formats, authentication, and integrations for third-party acceptance.

File Formats: PDF and Word DOCX
Authenticator Options: Email, SMS, or advanced KBA
Integrations: Salesforce, Google Workspace, NetSuite

Confirm the platform meets legal and industry needs (notary/RON capability, audit trail, HIPAA BAA where applicable) before eSubmission.

Typical timing and processing expectations

Key timing checkpoints for execution, delivery, and any filing or recording steps that commonly affect acceptance.

Execution Date:

Sign and date at the time of principal consent.

Notary Session:

Complete notarization immediately after signing if required.

Delivery to Agent:

Provide agent a copy same day to enable immediate action.

Third-Party Verification:

Allow 1–5 business days for banks or title companies to verify.

Recording (if applicable):

Record deeds promptly; local recording timelines vary.

Common mistakes to avoid

Using initials instead of a full signature, which can lead institutions to reject the document.
Failing to include the effective date or using inconsistent dates between POA and the notice.
Omitting required witnesses or notary acknowledgement per state rules, causing acceptance delays.
Delivering only a scanned copy without notarization or certified copy when original is required.

Risks and consequences of improper notices

Document Rejection: Third parties may refuse to accept agent authority

Financial Loss: Unauthorized payments or transfers risk liability

Criminal Exposure: Fraud or misuse can lead to prosecution

Delayed Care: Healthcare decisions may be postponed

Estate Disputes: Invalid POA can trigger probate litigation

Tax Consequences: Incorrect filings may cause penalties

Core components of a professional notice

A complete notice combines identification, a scope summary, formalities, and delivery instructions so third parties can verify authority quickly.

Identification

Principal and agent full legal names, addresses, and contact information to match IDs used during verification.

Authority Summary

A concise, plain-language list of powers granted (banking, real estate, healthcare), including any limitations or expiration terms.

Effective Date

Clear statement of when the authority begins (specified date or event) and whether it is immediate or springing upon incapacity.

Notarization and Witnesses

Notary acknowledgement and witness lines placed per state law to support acceptance by third parties.

Revocation Information

How the principal may revoke the POA and who should be notified to stop agent actions.

Delivery Instructions

List of institutions to receive the notice and recommended proof to carry (certified copy, original, or RON session record).

Real-world examples of notice use

Two concise scenarios illustrate how the notice supports agent authority in common contexts.

Healthcare Scenario

An elderly principal executes a durable POA including medical powers

Agent is authorized to consent to treatment
The notice, signed and notarized, prevents delays at the hospital and clarifies HIPAA release expectations for clinicians.

Real Estate Transaction

A principal gives an agent authority to sell property while traveling abroad

Agent signs closing documents on principal's behalf
The notice and notarized POA are presented to the title company to accept the agent's signing authority without in-person principal appearance.

Sample eSignature vendor comparison for executing notices

Basic pricing and capability overview for platforms commonly used to finalize and deliver a Notice to Person Executing Durable Power of Attorney. signNow is listed first per vendor ordering guidelines.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (Premium tier)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

FAQs and troubleshooting for common execution questions

Answers to frequent questions about electronic execution, notarization, capacity, revocation, and third-party acceptance of notices.

Need help? Contact support

Can this notice be e-signed?
Yes. Electronic signatures are legally valid under the ESIGN Act (15 U.S.C. §7001) and UETA in most states, provided intent, consent, attribution, and record retention are met.
Is notarization always required?
Not always. Notarization requirements vary by state; some states require two witnesses or a notary for durable POA. Confirm local law before relying on an unsigned or unnotarized copy.
What if the principal lacks capacity?
If the principal lacks capacity at signing, the POA can be void. Assess capacity at execution and consider medical attestation or conservatorship procedures when capacity is uncertain.
How do I revoke the POA or notice?
Revoke in writing, date the revocation, notify the agent and relevant third parties, and record or deliver the revocation per state practice to prevent unauthorized acts.
How should third parties verify authority?
Third parties typically ask for the signed POA, the accompanying notice, photo ID, and any notary or witness evidence; institutions may have internal acceptance policies.
Are there privacy concerns with electronic delivery?
Yes. For healthcare or PHI, ensure the eSignature provider supports HIPAA (BAA required). Limit shared information and use secure transmission channels.

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