Power of Attorney Notarization: What You Need to Know

Everything you need to know about getting a power of attorney notarized. Requirements vary by state - learn what's needed in yours.

Does a Power of Attorney Need to Be Notarized?

In most states, yes - a power of attorney (POA) must be notarized to be legally valid. Some states also require one or two witnesses in addition to the notary. Failing to properly execute a POA can render it invalid when you need it most.

Types of Power of Attorney

• General POA: Broad authority over financial and legal matters. Expires if you become incapacitated.
• Durable POA: Remains in effect if you become incapacitated. Most commonly used for elder care planning.
• Limited/Special POA: Grants authority for a specific transaction or time period (e.g., signing real estate documents while you're out of the country).
• Healthcare POA (HCPOA): Authorizes someone to make medical decisions for you. Requirements vary from financial POA.
• Springing POA: Only takes effect when a specific condition is met (usually incapacity).

Notarization Requirements by State

State	Notarization	Witnesses Required	Notes
California	Required	2 witnesses OR notary	Either witnesses or notarization
Florida	Required	2 witnesses + notary	Both required
Texas	Required	2 witnesses OR notary	Either witnesses or notarization
New York	Required	2 witnesses	Witnesses required in addition to notary
Illinois	Required	1 witness	One witness required
Pennsylvania	Required	2 witnesses	Both required
Ohio	Required	2 witnesses	Both required
Georgia	Required	1 witness	One witness required
Michigan	Required	2 witnesses	Both required
Virginia	Required	None required	Notarization alone sufficient

Who Can Witness a Power of Attorney?

When witnesses are required, most states prohibit the following from serving as witnesses:

• The agent named in the POA (the person receiving authority)
• Relatives of the principal
• Anyone who would inherit from the principal
• Anyone who has a financial claim against the principal
• Healthcare providers for healthcare POAs

What to Bring to Get a POA Notarized

• Your completed (unsigned) POA document
• Valid government-issued photo ID (driver's license or passport)
• Any required witnesses (bring them along)
• Any required witness IDs (in some states)

Can I Use a POA Without Notarization?

Some informal situations may accept an unnotarized POA, but for any significant transaction - real estate, banking, medical decisions - you should always have your POA properly notarized and witnessed as required by your state. Banks and financial institutions routinely require notarized POAs before honoring them.