The Power of Attorney: California Marriage License is the form the San Diego County Assessor/Recorder/County Clerk publishes for a member of the U.S. Armed Forces who is stationed overseas in a conflict or a war and cannot come to the County Clerk's office to get a marriage license. The service member signs it to give a chosen person, the attorney-in-fact, power to apply for the license and take part in the marriage ceremony under California Family Code Section 420(b). On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the signed original is presented at the County Clerk's office, not through this site.
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What is Power of Attorney: California Marriage License – San Diego County, CA?
Power of Attorney: California Marriage License is the declaration, under California Family Code Section 420(b), in which a U.S. service member stationed overseas in a conflict or war names a proxy to obtain a marriage license and take part in the ceremony.
The service member declares under penalty of perjury that they are a member of the Armed Forces of the United States, say where they are serving, and name the person who will act for them. The power is limited: it is given for the sole purpose of applying for and obtaining a marriage license and participating in the solemnization of the marriage. The form also lists the true legal names and dates of birth of the two parties to be married, and it carries a signature line for the person granting the power, a block for two witnesses, and a Certificate of Acknowledgment for a notary public or other officer. Two numbers are printed at the top, STATE FILE NUMBER and LOCAL REGISTRATION NUMBER.
The form is published by the San Diego County Assessor/Recorder/County Clerk, Recorder/County Clerk division, among its marriage forms. The agency's marriage license page describes the situation it serves: an active-duty member of the Armed Forces stationed overseas, serving in a conflict or a war and unable to appear for the issuance of a license and the ceremony, may marry through a military proxy empowered in writing by a power of attorney.
The original power of attorney becomes part of the marriage certificate when the marriage is registered. The form is not a marriage license application and it is not a general power of attorney for any other purpose.
Who needs to file Power of Attorney: California Marriage License – San Diego County, CA?
The main group is a member of the Armed Forces of the United States who is stationed overseas, is serving in a conflict or a war, and is unable to appear personally at the County Clerk's office to apply for a marriage license or take part in the ceremony. The service member completes and signs the form.
Other people involved:
- The attorney-in-fact, the person named on the form. This person acts for the service member and must appear in person at the County Clerk's office with the other party to the marriage, the one who is not stationed overseas.
- Two officers of the U.S. Armed Forces, if the signature is witnessed rather than notarized. Each signs and prints name and rank.
- A notary public or other officer, if the signature is acknowledged. The officer completes the Certificate of Acknowledgment, which verifies only the identity of the signer.
Do not use this form if both parties can appear at the County Clerk's office themselves, or if the service member is not stationed overseas in a conflict or a war. The agency's page says both parties must appear together at their appointment, and that the military-proxy arrangement is an exception limited to the situation above.
When to file Power of Attorney: California Marriage License – San Diego County, CA
Complete the form before the marriage license appointment, once the service member knows they cannot appear in person. The attorney-in-fact brings the signed original to the County Clerk's office when the license is issued; the form has no separate due date printed on it.
Timing that affects the appointment, according to the San Diego Recorder/County Clerk's marriage license page:
- The office issues marriage licenses by appointment only, and appointments can be booked up to 7 weeks in advance.
- A marriage license is valid for 90 days with no extensions, and the ceremony must take place within 90 days of issuance and within California.
- After the ceremony the signed license is returned to the office for registration, which may take up to 10 business days.
Allow time to get the service member's signature acknowledged by a notary or witnessed by two officers before the appointment.
Documents you need
- The original power of attorney, signed by the party stationed overseas; a copy is not what the form calls for, because the attorney-in-fact presents the original at the County Clerk's office.
- Either a notary's Certificate of Acknowledgment completed on the form, or the signatures, printed names and ranks of two officers of the U.S. Armed Forces who witnessed the signing.
- The marriage license application: the Marriage License Online Application or the Marriage License Printable Application, as the agency's page directs after booking an appointment.
How to fill out Power of Attorney: California Marriage License – San Diego County, CA
Check the numbers at the top
The form prints STATE FILE NUMBER and LOCAL REGISTRATION NUMBER above the title. It does not say who completes them, so ask the Recorder/County Clerk before entering anything.
Enter your printed true legal name
In the first sentence, write your printed true legal name after "I". This is the person declaring under penalty of perjury to be a member of the U.S. Armed Forces.
Indicate where you are serving
In the blank after "stationed overseas", indicate where you are serving. The form states you are serving in a conflict or a war and cannot appear in person.
Name the attorney-in-fact
Write the printed name of the person you give power of attorney to. That person acts for you only to apply for the marriage license and take part in the solemnization.
List both parties and birth dates
Enter the printed true legal name of the First Person and of the Second Person, each with a date of birth in MM/DD/CCYY format.
Sign and date as grantor
The person granting the power of attorney signs on the Signature line and writes the date signed.
Complete the witness block, if used
If two officers of the U.S. Armed Forces witness the signing, fill in the day, month and year, then each officer signs and prints name and rank on one of the two lines.
Have a notary complete the acknowledgment
If a notary public or other officer acknowledges the signature instead, the officer fills in State, County, date, name and title, the name of the person who appeared, signature and seal in the Certificate of Acknowledgment.
Review, download and keep the original
Check the names, dates of birth and signatures, then download or print the completed PDF from FillingPDF. The original signed form is what the attorney-in-fact presents at the County Clerk's office.
How to submit Power of Attorney: California Marriage License – San Diego County, CA
The signed original power of attorney is presented in person at the San Diego County Recorder/County Clerk's office, by appointment, together with the marriage license application. The form names no mail, fax or online channel.
- In person, by appointment: the agency page says its marriage license service is by appointment only. Book at the marriage license and civil ceremony page, then complete the Marriage License Online Application or bring the Marriage License Printable Application.
- Who appears: the attorney-in-fact must personally appear with the party who is not stationed overseas and present the original power of attorney, signed by the party stationed overseas and either acknowledged by a notary or witnessed by two officers of the U.S. Armed Forces.
- Fees: marriage license fees apply and are payable by cash, check or money order (payable to San Diego Recorder/County Clerk) or card; the agency page lists the current amounts.
- After registration: the original power of attorney becomes part of the marriage certificate.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Sending or presenting a copy instead of the original power of attorney; the form says the attorney-in-fact must present the original.
- Leaving the signature without either a notary's acknowledgment or two witnessing officers of the U.S. Armed Forces.
- Sending the attorney-in-fact alone; the form says this person must appear with the party who is not stationed overseas.
- Using the form when both parties can appear in person, or when the service member is not stationed overseas in a conflict or a war.
- Entering a nickname or shortened name instead of the printed true legal name of each party and of the person granting the power.
- Writing dates of birth in a format other than the printed MM/DD/CCYY.
- Leaving the rank off a witness line; each witness line asks for a printed name and rank.
- Arriving without an appointment; the agency says marriage licenses are issued by appointment only.
- Waiting beyond the 90-day validity of the marriage license to hold the ceremony; the agency allows no extensions.
Frequently asked questions
What is the power of attorney for a California marriage license?
It is a declaration under California Family Code Section 420(b) in which a U.S. service member stationed overseas in a conflict or war names an attorney-in-fact to apply for a marriage license and take part in the marriage ceremony for them. It is limited to that sole purpose.
Who can use the military proxy power of attorney in San Diego County?
A member of the U.S. Armed Forces who is stationed overseas, is serving in a conflict or a war, and is unable to appear personally at the County Clerk's office. The agency's page describes this as an active-duty member. If you can appear in person, this form is not for you.
Does the power of attorney have to be notarized?
Either a notary or two witnesses will do. The form says the original must be acknowledged by a notary, which uses the printed Certificate of Acknowledgment, or witnessed by two officers of the U.S. Armed Forces, who sign and print name and rank.
Who takes the power of attorney to the County Clerk?
The attorney-in-fact. The form says this person must personally appear at the County Clerk's office with the party who is not stationed overseas and present the original power of attorney signed by the party stationed overseas.
Do I need an appointment to use it in San Diego County?
Yes. The San Diego Recorder/County Clerk issues marriage licenses by appointment only, and appointments can be booked up to 7 weeks in advance. After booking, complete the Marriage License Online Application or bring the printable application.
Can I fill out this power of attorney online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service that does not file or notarize anything; the signed original goes to the County Clerk's office through the attorney-in-fact at the appointment.
What happens to the original after the marriage?
The form states that the original power of attorney becomes part of the marriage certificate upon registration. Registration happens after the officiant signs the license and returns it, which the agency says may take up to 10 business days.
Is this a San Diego County property tax form?
No. The San Diego County Assessor/Recorder/County Clerk publishes it through its Recorder/County Clerk division, but it concerns a marriage license, not San Diego County property tax. It has no assessment, exemption or tax fields.
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