Do power of attorneys need to be notarized

A power of attorney is often notarized when it gives financial or durable authority, but state law and the type of document determine what is required. Some states also require two witnesses.

There is no single nationwide notarization rule for every power of attorney.

Power of Attorney Notarization Requirements at a Glance

Type of power of attorney	Is notarization required?
Financial power of attorney	Often required, depending on the state
Durable power of attorney	Commonly requires notarization or formal acknowledgment
Medical or health care power of attorney	State-specific; witnesses may be required instead of, or in addition to, notarization
Real estate power of attorney	Commonly requires notarization, especially if the document will be recorded
Child-care or temporary parental power of attorney	Separate state rules may apply

Why Notarization Matters

A notary public checks the signer's identity and acknowledges that the signer executed the document. This can make it easier for banks, title companies and government offices to rely on the power of attorney.

Notarization does not fix every problem with a power of attorney. The document must still use the correct form, grant the intended authority and be signed while the principal has legal capacity and is acting voluntarily.

State Requirements Differ

State law controls how a power of attorney must be signed and witnessed.

Florida: The principal must sign the power of attorney in the presence of two subscribing witnesses and acknowledge the signature before a notary public.
California: A statutory form power of attorney is legally sufficient when the principal's signature is acknowledged. California also permits other legally compliant forms.
Texas: A durable power of attorney must be signed and acknowledged before an officer authorized to take acknowledgments and administer oaths.
New York: A statutory or non-statutory power of attorney generally requires the principal's signature to be acknowledged and witnessed by two people who are not disqualified under the statute.
Pennsylvania: A power of attorney requires acknowledgment before a notary or another authorized official and generally requires two witnesses.
Ohio: A power of attorney is valid when it complies with the state's execution requirements. Acknowledgment before a notary creates a presumption that the principal's signature is genuine.

These examples show why a form accepted in one state may not meet the requirements in another.

Do Medical Power of Attorneys Need to Be Notarized?

Not always. Medical power of attorneys, health care proxies and advance directives often follow separate signing rules.

For example, Florida requires the principal to sign a designation of health care surrogate in the presence of two adult witnesses. The statute does not make notarization the main signing requirement.

The National Institute on Aging notes that health care proxy requirements vary by state. A form may need to be witnessed, notarized or both.

Do not assume that the rules for a financial power of attorney also apply to a medical power of attorney.

What Should You Do When Signing a Power of Attorney?

Before signing, follow the requirements for the principal's state and the form being used.

Use the form required or recommended by the state where the principal lives.
Check whether the document requires notarization, witnesses or both.
Have the principal sign the document according to its instructions.
Use disinterested witnesses when witnesses are required. In some states, the agent, a beneficiary or another person who may benefit from the document may be disqualified.
Ask the notary to complete the acknowledgment correctly.
Keep the original document in a secure location.
Give copies to the agent and to any institution likely to rely on the document.
Confirm any additional requirements before using the power of attorney for real estate, banking, tax or business transactions.

Bottom Line

For a financial or durable power of attorney, notarization is often required and is usually the safest approach. Some states also require witnesses. Medical powers of attorney may follow different rules.

Verify the requirements where the principal lives, or have a local estate-planning attorney review the document before it is signed.