Does a power of attorney need to be notarized?

Alabama has adopted the Uniform Power of Attorney Act with an optional statutory form. A power of attorney must be signed by the principal (or by someone in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. A power of attorney is durable unless it says it ends on the principal's incapacity. Ala. Code §§ 26-1A-104, 26-1A-105, 26-1A-301

Alaska has a statutory form power of attorney. A power of attorney signed in Alaska must be signed by the principal (or by another person at the principal's direction if the principal is physically unable to sign) and acknowledged before a notary or other authorized officer. It survives the principal's incapacity only if it says so, for example that it 'shall not be affected by the subsequent incapacity of the principal,' or that it becomes effective on incapacity. AS 13.26.600, 13.26.645, 13.26.675

A financial power of attorney must clearly name the agent and show intent to create a power of attorney, be signed by the principal (or for them at their direction), be witnessed by one person who is not the agent, the agent's spouse or child, or the notary, and be acknowledged before a notary with the witness's affidavit. It is durable only if it says so (for example, that it is not affected by the principal's later disability or incapacity). Arizona has no general statutory form for financial powers of attorney. A.R.S. § 14-5501

Arkansas follows the Uniform Power of Attorney Act. A power of attorney must be signed by the principal or by another person in the principal's conscious presence at their direction. Notarization is not required, but a signature acknowledged before a notary is presumed genuine. A power of attorney is durable unless it expressly says it ends when the principal becomes incapacitated. Ark. Code Ann. §§ 28-68-104, 28-68-105

Yes, California has a Uniform Statutory Form Power of Attorney. A power of attorney must be dated, signed by the principal (or by another adult in the principal's name, presence and direction), and either notarized or signed by two qualified witnesses. A power of attorney is durable only if it says it survives (or begins on) the principal's incapacity, or uses similar words. Cal. Prob. Code §§ 4121, 4124, 4401

Colorado has a Statutory Form Power of Attorney under its Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by someone at the principal's direction in their conscious presence). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. A power of attorney made on or after January 1, 2010 is durable unless it says it ends when the principal becomes incapacitated. C.R.S. §§ 15-14-704, 15-14-705, 15-14-741

Connecticut has statutory short-form and long-form durable powers of attorney under its Uniform Power of Attorney Act. A power of attorney must be dated, signed by the principal (or by someone at the principal's direction in their conscious physical presence), and signed by two witnesses. Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine, and a power of attorney used to convey real estate must be acknowledged and witnessed like a deed. A power of attorney is durable (it survives incapacity) unless it says otherwise. Conn. Gen. Stat. §§ 1-350c, 1-350d, 1-352, 47-5

Delaware has a statutory form Durable Personal Power of Attorney. A personal power of attorney must be in writing, dated, signed by the principal (or by someone at the principal's direction in their presence), signed in front of a notary, and signed in front of 1 adult witness who is not related to the principal and is not a beneficiary of the principal's will or trust. It is durable only if it contains words showing it continues if the principal becomes incapacitated (the statutory form includes them). An agent's signed certification is part of the statutory form. 12 Del. C. §§ 49A-104, 49A-105, 49A-301

D.C. has an optional statutory power of attorney form. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) and is not valid unless acknowledged before a notary or other authorized officer. It is durable unless it expressly says otherwise. D.C. Code §§ 21-2601.04, 21-2601.05, 21-2603.01

Florida has no fill-in statutory form. A financial power of attorney must be signed by the principal and two subscribing witnesses, and acknowledged by the principal before a notary public. It is durable (survives incapacity) only if it contains the statutory durability wording or similar words showing that intent. The agent must be an adult (18+) or a qualified financial institution with trust powers. Fla. Stat. §§ 709.2104, 709.2105

A power of attorney must be signed by the principal (or by another person in the principal's presence at their express direction) and attested in the principal's presence by a competent witness and by a second person who meets the officer-attestation rule (such as a notary public); neither may be a named agent. It is durable unless it expressly says otherwise. O.C.G.A. §§ 10-6B-4, 10-6B-5

Hawaii has adopted the Uniform Power of Attorney Act and provides a statutory form power of attorney. A power of attorney is durable unless it expressly says it ends on the principal's incapacity. It must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. Haw. Rev. Stat. §§ 551E-3, 551E-51

Idaho has an optional Statutory Form Power of Attorney. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine, and the statutory form says notarization is required for recording and for real property. A power of attorney is durable (it survives incapacity) unless it says otherwise. Idaho Code §§ 15-12-104, 15-12-105, 15-12-301

Illinois has a Statutory Short Form Power of Attorney for Property. It must be signed by the principal, signed by at least one witness, and acknowledged before a notary public (the notary cannot also be the witness). Certain people, such as the agent and the agent's relatives, cannot witness. A power of attorney continues through the principal's incapacity until death unless it states an earlier end date. 755 ILCS 45/3-3, 45/2-5

A power of attorney must be in writing, name an attorney in fact, and be signed by the principal (or by another person at the principal's direction) either before a notary public or before witnesses as allowed by the statute. IC 30-5-4-1

Iowa follows the Uniform Power of Attorney Act and provides an optional statutory form. A power of attorney must be signed by the principal (or by someone else, not the agent, in the principal's conscious presence at their direction) and must be acknowledged before a notary or other authorized officer; the agent cannot notarize it. It is durable unless it says it ends when the principal becomes incapacitated. Iowa Code §§ 633B.104, 633B.105, 633B.301

Under the Kansas power of attorney act, a power of attorney is durable (continues after the principal becomes disabled) only if it is called a durable power of attorney or includes the durability language in the statute, and it is signed, dated and acknowledged before a notary. If the principal cannot physically sign, an adult designee may sign at the principal's direction in front of a notary. Recording is not required unless used for real estate matters; if it is recorded, a revocation must also be recorded. K.S.A. 58-651, 58-652

Kentucky follows the Uniform Power of Attorney Act and provides a statutory form. A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction. Acknowledging the signature before a notary makes it presumed genuine, and the statutory form includes a notary acknowledgment. A power of attorney is durable unless it says otherwise. KRS 457.040, 457.050, 457.420

Louisiana treats a power of attorney as a 'mandate.' No particular form is required, but if the law requires a certain form for an act, the mandate authorizing it must be in that form. A mandate ends on the death of the principal or the agent, the agent's interdiction, or once a curator qualifies after the principal is interdicted; the principal's incapacity alone does not end it. The principal may revoke it at any time. La. Civ. Code arts. 2989, 2993, 3024, 3025

A power of attorney must be signed by the principal and acknowledged before a notary public or other person authorized to take acknowledgments; it is not valid otherwise. A durable power of attorney must contain the statutory notices to the principal and to the agent. A power of attorney is durable unless it says it ends when the principal becomes incapacitated. 18-C M.R.S. §§ 5-904, 5-905

Maryland has statutory forms: the Maryland Statutory Form Personal Financial Power of Attorney and the Maryland Statutory Form Limited Power of Attorney. A power of attorney must be in writing, signed by the principal (or by someone at the principal's direction in the principal's presence), acknowledged before a notary, and attested and signed by two adult witnesses; the notary may be one of the witnesses. A written power of attorney is durable (survives incapacity) unless it says otherwise. Md. Code, Estates & Trusts §§ 17-105, 17-110, 17-202, 17-203

A power of attorney is durable only if the written document states that it is not affected by the principal's later disability or incapacity, or that it takes effect upon disability or incapacity, or uses similar words. Acts of the agent under a durable power during the principal's incapacity bind the principal. The statute does not provide a statutory power of attorney form. M.G.L. c. 190B, §§ 5-501, 5-502

Michigan's Uniform Power of Attorney Act governs powers of attorney created on or after July 1, 2024. The principal must sign (or direct another to sign in the principal's conscious presence). To be durable, the principal must either acknowledge it before a notary or sign it in front of two witnesses who also sign; a named agent may not be a witness. A power of attorney executed this way is durable unless it says it ends on the principal's incapacity. Only a notarized signature is presumed genuine. MCL 556.204, 556.205

Minnesota has a statutory short form power of attorney. The principal's signature must be acknowledged before a notary. It is durable only if the principal selects the statement that it continues if the principal becomes incapacitated. Minn. Stat. § 523.23

Mississippi's durable power of attorney law requires the principal to name the agent in writing, and the document must contain words such as "This power of attorney shall not be affected by subsequent disability or incapacity of the principal" (or similar words) for it to survive the principal's incapacity. A power of attorney is therefore not durable unless it says so. Miss. Code Ann. § 87-3-105

A power of attorney is durable only if it is titled "Durable Power of Attorney" and states that the agent's authority does not end if the principal becomes disabled or incapacitated. It must be in writing, signed and dated by the principal, and acknowledged (notarized) like a real estate deed. Missouri does not provide a mandatory statutory form. RSMo § 404.705

Montana uses the Uniform Power of Attorney Act and provides a statutory form. A power of attorney must be signed by the principal (or by someone in their conscious presence at their direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. A power of attorney is durable unless it says it ends on incapacity. The statutory form does not cover health care decisions. Mont. Code Ann. §§ 72-31-304, 72-31-305, 72-31-353

Nebraska uses the Uniform Power of Attorney Act with a statutory form. A power of attorney must be signed by the principal (or marked, or signed by another at their direction in their presence) and is not valid unless acknowledged before a notary or other person authorized to take acknowledgments. Powers created after January 1, 2013 are durable unless they say otherwise. The statutory form does not cover health care. Neb. Rev. Stat. §§ 30-4004, 30-4005, 30-4041

Nevada has a statutory form (NRS 162A.620). A power of attorney must be signed by the principal (or by another person in the principal's presence at their direction). A notarized signature is presumed genuine, and the statutory form says it is not valid unless acknowledged before a notary. It is durable unless it says otherwise. If the principal lives in a hospital, nursing or group-care facility, a certificate of competency from a doctor, psychologist, psychiatrist or APRN must be attached, and facility staff generally cannot be named as agent. NRS 162A.210, 162A.220, 162A.620

Durable by default unless the document says it ends on incapacity. A general power of attorney (and one to convey real estate) must be signed by the principal and acknowledged before a notary or other authorized official, with a signed disclosure statement attached. The agent has no authority to act until the agent signs an acknowledgment by hand. An optional New Hampshire Statutory Power of Attorney form is in the statute. N.H. RSA 564-E:104, 564-E:105, 564-E:113, 564-E:301

A power of attorney must be in writing, signed, and acknowledged before an authorized officer in the same manner used for deeds (R.S. 46:14-2.1). N.J.S. 46:2B-8.9; R.S. 46:14-2.1

New Mexico has a statutory form power of attorney (with a notary acknowledgment block). A power of attorney must be signed by the principal or by another person in the principal's conscious presence at their direction. A notarized signature is presumed genuine. It is durable unless it says it ends if the principal becomes incapacitated. NMSA 1978, §§ 45-5B-104, 45-5B-105, 45-5B-301

New York has a 'Statutory Short Form' power of attorney. Any financial power of attorney signed in New York must be in at least 12-point type, signed and dated by the principal, acknowledged as for a real estate deed (before a notary), and witnessed by two people who are not agents or gift recipients under it.Each agent must also sign before a notary, and the power takes effect when the agent's signature is acknowledged. It must substantially follow the statutory 'Caution to the Principal' and 'Important Information for the Agent' wording. Powers of attorney are durable unless they expressly say incapacity ends them. N.Y. Gen. Oblig. Law §§ 5-1501A, 5-1501B, 5-1513

North Carolina provides an optional 'North Carolina Statutory Short Form Power of Attorney.' A power of attorney must be signed by the principal (or by another person in the principal's conscious presence and at their direction) and acknowledged; acknowledgment before a notary makes the signature presumed genuine. The statute does not require witnesses. A power of attorney is durable (survives incapacity) unless it expressly says otherwise. N.C. Gen. Stat. §§ 32C-1-104, 32C-1-105, 32C-3-301

North Dakota follows the Uniform Durable Power of Attorney Act. A power of attorney is durable only if it contains words such as "This power of attorney is not affected by subsequent disability or incapacity of the principal or by lapse of time" or otherwise shows that intent; it is not durable by default. The chapter does not provide a statutory form or set witness or notary requirements, but a power of attorney used for recordable real estate documents must be acknowledged to be recorded. Unless limited, a power of attorney giving the agent full power over the principal's affairs lets the agent make gifts. N.D. Cent. Code §§ 30.1-30-01 to 30.1-30-06; § 47-19-03

Ohio follows the Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by another person at the principal's direction and in the principal's conscious presence). A signature acknowledged before a notary is presumed genuine. A power of attorney is durable unless it expressly says it ends on the principal's incapacity. A statutory form power of attorney, with a notary acknowledgment, is provided in R.C. 1337.60. Ohio Rev. Code 1337.24; 1337.25; 1337.60

Oklahoma has adopted the Uniform Power of Attorney Act. A power of attorney is durable unless it expressly says it ends when the principal becomes incapacitated, and it takes effect immediately unless it states otherwise. It must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine, and third parties are protected when relying on an acknowledged power of attorney. The statute provides an optional Statutory Power of Attorney form, which includes a notary acknowledgment. 58 O.S. §§ 3001-3045 (esp. §§ 3004, 3005, 3009, 3019, 3041)

A written power of attorney is durable by default: unless it says otherwise, it takes effect when signed, is not affected by the passage of time, and continues if the principal becomes financially incapable. It may instead be made effective at a future time or event (such as incapacity). The power of attorney statutes do not set out a statutory form. ORS 127.005 to 127.045

A power of attorney must be dated and signed by the principal (or by mark, or by another person at the principal's direction). For powers of attorney signed on or after January 1, 2015, the signature must be acknowledged before a notary public (who may not be the agent) and witnessed by two adults; the agent, the notary and anyone signing for the principal may not serve as witnesses. A financial power of attorney must begin with a statutory notice in capital letters, signed by the principal, and the agent must sign a statutory acknowledgment before acting. Powers of attorney are durable unless they say otherwise. There is no complete statutory fill-in form; the law lists short phrases that grant specific powers. 20 Pa.C.S. § 5601; § 5601.1; § 5602

Rhode Island has a statutory short form power of attorney (the Rhode Island Short Form Power of Attorney Act). It must be in writing and acknowledged by the principal in the same way as a real estate deed (before a notary or other authorized officer). The statutory form states that it is not affected by the principal's later incompetency. Other forms may also be used. R.I. Gen. Laws §§ 18-16-1, 18-16-2

Under South Carolina's Uniform Power of Attorney Act, a power of attorney must be signed by the principal, witnessed with the same formality as a will (two witnesses), and acknowledged or proved like a deed. It is durable unless it says it ends on incapacity. For an agent to act after the principal becomes incapacitated, the power of attorney must be recorded like a deed in the county where the principal lives. The Act does not set out a statutory form for creating the power of attorney. S.C. Code §§ 62-8-104, 62-8-105, 62-8-109

South Dakota has adopted the Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction), and the signature must be acknowledged before a notary public or other officer authorized to take acknowledgments. Witnesses are not required. A power of attorney is durable only if it contains words such as 'This power of attorney shall not be affected by disability of the principal' or 'shall become effective upon the disability of the principal,' or similar words showing that intent. A statutory form may be used. SDCL 59-12-3; SDCL 59-12-4; SDCL 59-12-41

Tennessee follows the Uniform Durable Power of Attorney Act. A power of attorney is durable only if the writing says so, for example 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal' or 'shall become effective upon the disability or incapacity of the principal,' or similar words. There is no mandatory statutory form, but a power of attorney may incorporate by reference a list of general powers set out in the statute. The agent is a fiduciary who must account for actions taken, and next of kin may ask a court to require the agent to post bond if the principal becomes incapacitated. Tenn. Code Ann. §§ 34-6-101 to 34-6-110 (esp. § 34-6-102, § 34-6-108, § 34-6-109)

Texas has a statutory form called the Statutory Durable Power of Attorney; other forms may also be used. A durable power of attorney must be signed by the adult principal (or by another adult at the principal's direction in the principal's conscious presence) and acknowledged before a notary or other officer authorized to take acknowledgments. It is durable only if it states that it is not affected by the principal's later disability or incapacity (or that it becomes effective on incapacity), or uses similar words. A power of attorney used for a real estate transaction requiring a recorded instrument must be recorded in the county. Tex. Estates Code §§ 751.0021, 751.151, 752.003, 752.051

Utah has adopted the Uniform Power of Attorney Act. A power of attorney is durable unless it expressly says it ends on the principal's incapacity. It must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) before a notary public or other person authorized to take acknowledgments, and the principal must understand that he or she is appointing an agent to handle financial affairs. A principal living in, or about to move into, a hospital, assisted living, skilled nursing or similar facility may not name the facility's owner, operator, health care provider or employee as agent unless that person is a spouse, guardian or next of kin or the authority is limited to Medicaid eligibility. The statute includes a Statutory Form Power of Attorney. Utah Code §§ 75A-2-104, 75A-2-105, 75A-2-106, 75A-2-301

Vermont adopted the Uniform Power of Attorney Act effective July 1, 2023. A power of attorney must be signed by the principal, or by another person in the principal's conscious presence at the principal's direction. Acknowledgment before a notary public is not required for validity, but a notarized signature is presumed genuine. A power of attorney is durable (survives incapacity) unless it expressly says otherwise. The statute includes an optional statutory form (14 V.S.A. § 4051) and a short form for real estate transactions (14 V.S.A. § 4052). 14 V.S.A. §§ 4004, 4005, 4006, 4051, 4052

Virginia has adopted the Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required for validity, but a signature acknowledged before a notary is presumed genuine, and a power of attorney must meet deed-recording requirements (acknowledgment) to be recorded, for example for real estate transactions. Powers of attorney are durable unless they expressly say they end on the principal's incapacity. Virginia's act does not include a statutory fill-in form. Va. Code § 64.2-1602; § 64.2-1603; § 64.2-1604

Washington follows the Uniform Power of Attorney Act with its own changes. A power of attorney must be signed and dated by the principal and either acknowledged before a notary public (or other authorized officer) or signed in front of two competent witnesses. Witnesses may not be the principal's home care provider, a care provider at the adult family home or long-term care facility where the principal lives, or a relative of the principal or the agent. A power of attorney is NOT durable by default: it ends on the principal's incapacity unless it contains words such as 'This power of attorney shall not be affected by disability of the principal' or 'shall become effective upon the disability of the principal.' The chapter does not prescribe a statutory form for the power of attorney itself. RCW 11.125.020; RCW 11.125.040; RCW 11.125.050

West Virginia has adopted the Uniform Power of Attorney Act. A power of attorney must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction) and acknowledged before a notary public or other officer authorized to take acknowledgments. It is durable unless it expressly says it ends when the principal becomes incapacitated. The law provides an optional statutory form power of attorney. W. Va. Code § 39B-1-104; § 39B-1-105; § 39B-3-101

Wisconsin has adopted the Uniform Power of Attorney Act. A power of attorney is durable unless it expressly says it ends when the principal becomes incapacitated. The principal (or another adult at the principal's express direction and in the principal's physical presence) must sign it. Acknowledgment before a notary makes the signature presumed genuine; a signing witnessed remotely by two witnesses under the supervision of a Wisconsin-licensed attorney has the same effect. Wisconsin provides a 'Statutory Form Power of Attorney for Finances and Property.' Wis. Stat. § 244.04; § 244.05; § 244.61

Wyoming has adopted the Uniform Power of Attorney Act. A power of attorney is durable unless it expressly says it ends on the principal's incapacity, and it is effective when signed unless it states a later date or event. It must be signed by the principal (or by another person in the principal's conscious presence at the principal's direction). Notarization is not strictly required, but a signature acknowledged before a notary is presumed genuine. The statute includes a Statutory Form Power of Attorney. W.S. 3-9-101 to 3-9-403 (esp. W.S. 3-9-104, 3-9-105, 3-9-109, 3-9-301)