Short answer
Not always, under the law. A California POA is valid if it is dated, signed by your parent, and either notarized or signed by two qualifying adult witnesses (Probate Code § 4121). But the official statutory form POA must be notarized; witnesses alone aren't enough (§ 4402).
In real life, notarizing is the safer choice. Bank of America asks for a notarized POA, and Fidelity's own form needs two witnesses and a notary.
Step by step
- Check whether your parent's POA is the statutory form (“Uniform Statutory Form Power of Attorney”). If so, it must be notarized.
- If it's another kind of POA, check that it was notarized or signed by two adult witnesses.
- Witness rules (§ 4122): witnesses must be adults, you (the agent) can't be one, and each must see your parent sign or hear your parent acknowledge the signature.
- Check what each institution wants. Bank of America asks for a notarized POA. Fidelity's form needs two witnesses and a notary, and your signature notarized too.
- Run through the full California POA checklist or print the PDF version.
Quick questions
Can two witnesses replace a notary on a California POA?
For most POAs, yes: Probate Code § 4121 allows a notary acknowledgment or two qualifying witnesses. The statutory form POA is the exception and must be notarized under § 4402.
Can the agent be a witness?
No. Probate Code § 4122 says the agent (attorney-in-fact) may not be a witness.