How to Notarize a Durable Power of Attorney
A durable power of attorney remains valid if you become incapacitated. Learn why notarization is mandatory and how to get it done online.
Ensuring your family is protected? Get your durable power of attorney notarized online today.
Get Notarized Online — 15 MinutesRemote Online Notarization. Video-based. Legally valid in all 50 states.
At a glance
- Notarization required: Yes
- Witnesses required: Yes — check your state requirements
What is a Durable Power of Attorney?
A durable power of attorney (DPOA) is one of the most important documents in estate planning. It gives a person you trust (your "agent") the legal authority to manage your finances, sign documents, and make decisions on your behalf if you are unable to do so.
The Importance of Notarization
A DPOA gives your agent the "keys to the kingdom." Because it grants such broad power, financial institutions require the highest level of verification. Notarization ensures that the signature is genuine and that the person signing the document did so of their own free will.
Common Powers Granted
- Managing bank accounts and investments.
- Paying bills and taxes.
- Selling or managing real estate.
- Applying for government benefits (Social Security, Medicaid).
- Handling insurance claims.
Online Notarization for DPOA
Online notarization is particularly helpful for DPOAs, as the principal may have mobility issues or be in a care facility. A notary can conduct the session over video, allowing the document to be finalized without a travel requirement. If your state requires witnesses, they can also be included in the video session.
Frequently Asked Questions
- What makes a power of attorney 'durable'?
- A 'durable' POA contains specific language stating that the agent's authority continues even if the principal becomes mentally incapacitated. A standard POA expires the moment the principal loses capacity.
- Does a durable POA have to be notarized?
- Yes. Banks, title companies, and government agencies will not recognize a power of attorney unless it is properly notarized. Most states also require one or two witnesses.
- Can a durable power of attorney be signed online?
- Yes. Remote Online Notarization is legally valid for durable powers of attorney in all states that have enacted RON legislation (currently 40+ states). It is widely accepted by financial institutions.
- When should I create a durable POA?
- It must be created while the principal is still of sound mind. Once someone has lost mental capacity (due to dementia or an accident), it is too late to sign a POA, and a court-ordered guardianship may be required.
- Who should I choose as my agent?
- You should choose someone you trust implicitly—usually a spouse, adult child, or close friend. The agent has broad authority over your finances, so integrity is the most important factor.
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