Most states require a notary to sign off on a power of attorney document, but the rules vary by state and by the type of power of attorney you are creating.

A notary public is a person licensed by your state to witness signatures and verify that the person signing is who they claim to be. For a power of attorney, the notary's job is to confirm that you signed the document willingly and without pressure, and that you understood what you were signing.

Some states make notarization mandatory for all powers of attorney. Other states require it only for certain types—usually a durable power of attorney (one that stays in effect if you become incapacitated) or a financial power of attorney. A few states do not require notarization at all, though having one done anyway adds legal weight to the document.

The safest approach is to check your state's specific rules before you sign. Your state bar association website or your state's secretary of state office can tell you what your state requires. If you are unsure, having a notary sign off costs between $5 and $25 and eliminates doubt later.

Key Takeaways

  • Most states require notarization for durable or financial powers of attorney, but some do not require it for healthcare powers of attorney.
  • A notary verifies your identity and confirms you signed the document willingly, which protects both you and the person you name as your agent.
  • You can find a notary at banks, UPS stores, law offices, or online notary services, though online notaries are not available in all states.
  • Notarization typically costs $5 to $25 and takes 10 to 15 minutes, and you must bring a government-issued photo ID.
  • If your state does not require notarization, you can still have one done to make the document harder to challenge later.

How to find out what your state requires

Your state's secretary of state office maintains the rules for power of attorney documents. You can search their website by typing "[your state] power of attorney notary requirements" or call their office directly. Many states also post sample power of attorney forms that show whether notarization is required.

If you are working with an attorney to draft your power of attorney, they will know your state's rules and will tell you whether to have it notarized. If you are using a template from an online legal service or a state bar website, the instructions should specify whether notarization is required.

Some states distinguish between different types of power of attorney. For example, a state might require notarization for a durable financial power of attorney but not for a limited power of attorney that covers only one specific task. Read the requirements carefully to see which type you are creating.

Where to get a document notarized

Notaries are widely available and you do not need an appointment at most locations. Banks often notarize documents for customers at no charge, so call your bank first. If you are not a customer or your bank does not offer the service, try these options:

  • UPS Store locations (usually $5 to $15 per signature)
  • FedEx Office locations (typically $5 to $10)
  • Law offices (often $10 to $25, or free if you are a client)
  • County clerk's office (usually $5 to $10)
  • Online notary services such as Notarize, NotaryCam, or LegitScript-certified platforms (typically $25 to $50, available in most but not all states)

Online notaries work by video call and are useful if you cannot leave home or if no notaries are nearby. However, not all states allow remote notarization, and some states allow it only for certain document types. Check whether your state permits online notarization before you book an appointment.

What to bring to a notary appointment

Bring a government-issued photo ID such as a driver's license, passport, or state ID card. The notary will check your ID to confirm you are the person whose name appears on the power of attorney document. Bring the unsigned power of attorney document itself—do not sign it before you meet the notary.

If you are using an online notary, you will need to show your ID to the camera during the video call. Make sure your ID is current and the photo is clear enough for the notary to read. The notary will ask you questions to confirm your identity and to verify that you are signing willingly.

Bring two copies of the document if you plan to distribute the power of attorney to multiple people (your bank, your agent, your healthcare provider). The notary can notarize both copies at the same time, and you will have a notarized version for each recipient.

What happens during notarization

The notary will ask you to confirm your identity and will examine your ID. They will ask you to state that you are signing the document willingly and that you understand what it says. You will then sign the document in front of the notary. The notary will add their seal, signature, and the date to the document, officially certifying that they witnessed your signature.

The entire process usually takes 10 to 15 minutes. The notary does not read the document or judge whether it is fair or correct—their only job is to verify your identity and confirm that you signed it yourself. If you have questions about what the power of attorney actually does, ask an attorney before you meet the notary, not during the appointment.

What happens if your state does not require notarization

Some states allow a power of attorney to be valid without notarization as long as it is signed and dated. However, having it notarized anyway is a good idea. A notarized document is harder to challenge later if someone claims you did not sign it or that you were pressured into signing.

If you are creating a power of attorney in a state that does not require notarization, you may still want to have witnesses sign the document instead. Some states allow you to use two or three witnesses (who are not related to you and do not stand to benefit from the document) in place of a notary. Check your state's rules to see whether witnesses are an option.

Common mistakes to avoid

Do not sign the document before you meet the notary. The notary must watch you sign it. If you sign it ahead of time, the notary cannot notarize it and you will have to start over.

Do not use an expired ID. The notary will not accept it, and you will need to reschedule. Check that your ID is current before you book an appointment.

Do not assume your state does not require notarization without checking. The rules vary widely, and using an unnotarized document in a state that requires notarization can cause problems later when you try to use the power of attorney. Spend 10 minutes confirming your state's rules before you sign.

Frequently Asked Questions

Can a family member be the notary?

No. A notary cannot notarize a document for a family member or anyone they live with. The notary must be an impartial third party. If you ask a family member who happens to be a notary, they will have to decline or risk losing their notary license.

Do I need to notarize a power of attorney if I am doing it online?

Yes, if your state requires notarization. The fact that you created the document online does not change your state's notarization rules. You will still need to have it notarized by a notary public, either in person or online if your state allows remote notarization.

What if I lose the notarized copy of my power of attorney?

You can make copies of the notarized document and distribute them to your agent, your bank, and other institutions that need it. The notary's seal and signature on the original make all copies valid. Keep the original in a safe place such as a safe deposit box or fireproof safe.

Can a notary refuse to notarize my power of attorney?

Yes. A notary can refuse if they believe you are being pressured, if you cannot prove your identity, or if the document appears to be fraudulent. A notary can also refuse on religious or moral grounds in some states. If one notary refuses, you can ask another.

How long does a notarized power of attorney last?

That depends on the type of power of attorney and what your document says. A durable power of attorney lasts until you revoke it or die, even if you become incapacitated. A non-durable power of attorney ends if you become incapacitated. The notarization itself does not expire—a notarized document is valid as long as the power of attorney itself is valid.