Power Of Attorney Form - Marriage License - State Of California Page 2
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3INSTRUCTIONS
Power of Attorney for California Military Marriages Pursuant to FC 420 (Cha. 476, Stats of 2004)
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A member of the Armed Forces of the United States who is stationed overseas and serving in
a conflict or a war and is unable to appear for the licensure and solemnization of the marriage
may enter into that marriage by the appearance of an attorney-in-fact, commissioned and
empowered in writing for that purpose through a power of attorney.
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The power of attorney must be completed and signed by the person stationed overseas serving in
a conflict or war. The power of attorney form must be witnessed by two military officers or
acknowledged by a notary public. If the form is acknowledged by a notary public, it is important
to make sure the form has been acknowledged correctly as required in Civil Code Section 1183 &
Probate Code 4122 (a copy of these sections and a power of attorney form are attached).
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The attorney-in-fact and the bride/groom (whomever is not stationed overseas serving in a
conflict or a war) must personally appear together at the County Clerk’s Office with valid picture
identification to apply for the marriage license. Contact the County Clerk’s Office at 925-335-
7899 for office hours and fees.
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The original power of attorney form must be presented to the County Clerk’s Office at the time
the marriage license is issued.
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When applying for a marriage license under these provisions, only a public marriage license may
be issued. A confidential marriage license may not be issued
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When the County Clerk’s Office issues the marriage license. The attorney-in-fact will sign the
marriage license as follows:
(example) Name of Groom = John Alan Smith
Name of Attorney in Fact = Joseph Brown
(signature on license) = John Alan Smith, by: Joseph Brown, AIF
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The original power of attorney is attached to the marriage license as a page 2 (similar to an
amendment) The County Clerk will stamp or type Page 1 of 2 on the marriage license and Page 2
of 2 on the power of attorney.
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The bride/groom (whomever is not stationed overseas serving in a conflict or a war) and the
attorney-in-fact must participate in a ceremony – either a civil ceremony at the County Clerk’s
Office – or a ceremony somewhere else in California performed by a person as authorized in
Family Code 400. The bride/groom (whomever is not stationed overseas serving in a conflict or a
war), the attorney-in-fact, the person performing the ceremony, and at least one witness must be
physically present at the marriage ceremony.
•
This process cannot be used if both bride and groom are stationed overseas serving in a conflict
or war.
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The original marriage license with the original power of attorney attached must be returned to the
County Recorder of the County that issued the license for registration. The Recorder will register
both the marriage license and the power of attorney. Certified copies of the marriage license will
include a copy of the power of attorney.
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If you have any questions regarding this process, please contact the County Clerk’s Office at 925-
335-7899.
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