How to Notarize a Power of Attorney Online
A power of attorney must be notarized to be legally valid in most states. Learn what's required and how to get your POA notarized by video in 15 minutes.
Power of attorney documents require notarization. Get yours completed 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 Power of Attorney?
A power of attorney (POA) is a legal document in which one person (the principal) grants another person (the agent or attorney-in-fact) authority to act on their behalf in financial, legal, or healthcare matters.
Powers of attorney are used in many situations:
- Elderly parents granting adult children authority to manage finances
- Individuals preparing for surgery or extended absence
- Business owners delegating authority during travel
- Real estate transactions where one party cannot be present
Types of Power of Attorney
General POA: Grants broad authority over financial and legal matters. Expires if the principal becomes incapacitated.
Durable POA: Same as general but remains valid if the principal loses capacity. The most important type for estate planning.
Healthcare POA: Grants authority over medical decisions. Often called a healthcare proxy or healthcare directive.
Limited or Special POA: Grants authority for a specific transaction or time period only.
Notarization Requirements
All major POA types require notarization in the US. Many states additionally require one or two witnesses who are not the agent or notary. Some states have pre-printed statutory forms that satisfy all requirements when completed correctly.
States with two-witness requirements: Florida, Georgia, South Carolina, Michigan (for real estate), and others. Always verify your state's current statute.
Using Online Notarization for a Power of Attorney
Online notarization is accepted for most POA types. If witnesses are required, some RON platforms allow witnesses to appear on the same video call. Check with your chosen platform before scheduling.
The principal must be mentally competent at the time of signing. The notary may ask brief capacity questions during the session.
Frequently Asked Questions
- Does a power of attorney have to be notarized?
- Yes, in virtually all US states. A power of attorney that is not notarized is generally not legally valid. Many institutions — banks, hospitals, real estate companies — will refuse to honor a POA without a notarial seal.
- Do I need witnesses in addition to a notary for a power of attorney?
- It depends on the state and the type of POA. Most states require one or two witnesses in addition to notarization for a durable power of attorney or a healthcare directive. General powers of attorney may only require notarization. Always check your state's specific statute.
- Can I notarize a power of attorney online?
- Yes. Remote Online Notarization is available in all 50 states for most POA types. Some states require in-person notarization for specific instruments such as real estate powers. Verify with the accepting institution before proceeding.
- What is the difference between a general and a durable power of attorney?
- A general POA expires if the principal becomes incapacitated. A durable POA remains in effect if the principal becomes incapacitated — making it the more common choice for estate planning and elder care.
- Does the agent need to sign the power of attorney?
- Most states do not require the agent's signature on the POA itself. However, the agent may need to sign a separate acknowledgment at the time they use the POA. Check the requirements of the specific institution.
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