Power of Attorney — Thumbprint Requirement

Government Code §8206(a)(2)(G) lists two categories of documents that require the signer's right thumbprint in the notary's sequential journal: (1) instruments affecting real property (deeds, deeds of trust, etc.) and (2) powers of attorney. Powers of attorney trigger this requirement regardless of whether they involve real estate.

The policy rationale parallels the real property rule: powers of attorney are high-value, high-risk documents with significant potential for financial abuse and elder exploitation. A biometric thumbprint record may be invaluable in later disputes or criminal investigations.

If the signer's right thumb is unavailable, the notary must use another available finger and note in the journal which finger was used and why the right thumb was unavailable. Durable powers of attorney, health care powers of attorney, and general powers of attorney are all covered — the document's subject matter does not change the requirement.

Exam Tip: Many test-takers assume the thumbprint rule applies only to real estate documents. That is incorrect — powers of attorney are expressly listed alongside deeds and deeds of trust in the statute. This distinction generates wrong answers when a question presents a non-real-property power of attorney and asks whether a thumbprint is required. The answer is yes.