Notarization requirements depend on what the power of attorney will do

A power of attorney does not always have to be notarized. Whether notarization is required depends on the type of document and what it will be used for. Some powers of attorney are valid without a notary's signature. Others will be rejected by banks, real estate offices, or government agencies if they are not notarized. The safest approach is to have any power of attorney notarized, even if the law does not strictly require it — most institutions will accept a notarized document without question.

The rules vary by state and by the institution that will accept the document. A financial power of attorney used at a bank often requires notarization. A healthcare power of attorney used only within a hospital may not. Real estate transactions almost always require notarization. Before you sign, ask the person or organization that will use the document whether they need it notarized.

Key Takeaways

  • Financial and real estate powers of attorney almost always require notarization; healthcare powers of attorney often do not.
  • Even when notarization is not legally required, banks and other institutions frequently demand it anyway.
  • Your state's laws set the baseline requirement, but the organization using the document has the final say.
  • Notarization costs between $5 and $25 per signature and takes a few minutes; it is cheaper and faster to do it when you sign than to redo the document later.

Financial powers of attorney almost always require notarization

If the power of attorney gives someone the right to handle your bank accounts, investments, or other money, notarization is standard. Most banks will not accept a financial power of attorney without a notary's seal. Some states require it by law; others do not, but banks require it anyway as their own policy. When you call your bank to ask what they need, they will tell you notarized.

The same applies to powers of attorney used to manage retirement accounts, brokerage accounts, or insurance policies. Financial institutions treat notarization as proof that you signed the document knowingly and that the person in front of the notary was actually you. Without that proof, they assume the risk of fraud is too high.

Real estate powers of attorney require notarization in every state

If the power of attorney allows someone to buy, sell, or refinance property on your behalf, it must be notarized. This is a state law requirement in all 50 states. A real estate closing will not happen without a notarized power of attorney, and a title company will reject any document that lacks a notary's signature and seal.

Real estate transactions involve large sums of money and permanent changes to property ownership. States treat the notary's verification as essential protection. If you are giving someone power of attorney for real estate, plan to have it notarized before you sign.

Healthcare powers of attorney have looser notarization rules

Healthcare powers of attorney — also called healthcare proxies or medical powers of attorney — do not require notarization in most states. Many states allow them to be valid with only your signature and the signature of one or two witnesses. Some states require notarization; others do not.

Even where notarization is not required by law, hospitals and doctors may ask for it anyway. A notarized healthcare power of attorney moves faster through a hospital's paperwork process because the staff does not have to verify your identity or the witnesses' identities themselves. If you are creating a healthcare power of attorney, check your state's rules and also ask the hospital or clinic where you expect to use it what they prefer.

State law sets the minimum; institutions set the actual requirement

Your state's law tells you the bare minimum — whether notarization is legally required for that type of document. But the bank, title company, hospital, or government office that will actually use the document can demand more. They can require notarization even if your state does not.

This is why the safest move is to have any power of attorney notarized, regardless of what the law says. A notarized document will be accepted everywhere. An unnotarized document may be rejected by one institution even if another would have taken it. Once you have signed and the document is in use, getting it notarized retroactively is difficult or impossible.

How to get a power of attorney notarized

You must sign the power of attorney in front of a notary public. The notary will check your government-issued ID, watch you sign, and then sign and stamp the document themselves. This takes about five minutes. Notaries are available at banks, law offices, UPS stores, FedEx offices, and some libraries and county offices. Many charge $5 to $25 per signature.

Some notaries will come to your home or hospital room if you cannot travel, though this usually costs more. If you are working with an attorney to create the power of attorney, they often have a notary in the office and may notarize it as part of their service. Do not sign the document before you meet the notary — the notary must watch you sign.

What happens if you use an unnotarized power of attorney

If a power of attorney is not notarized and the institution that needs it requires notarization, they will reject it. You will then have to ask the person who holds the power of attorney to return it, get it notarized, and resubmit it. If that person is unwilling or unreachable, you may have to create a new power of attorney and go through the process again.

In rare cases, an institution may accept an unnotarized power of attorney if you are present and can show your ID. But this is not may provide, and different branches of the same bank may have different policies. It is not worth the risk.

Frequently Asked Questions

Can I notarize a power of attorney myself?

No. A notary public must be a third party who is not related to you and has no financial interest in the document. If you are a notary, you cannot notarize your own power of attorney. You must find a different notary.

Does a power of attorney need to be witnessed and notarized?

It depends on your state and the type of document. Some states require both witnesses and notarization. Others require one or the other. Healthcare powers of attorney often need witnesses but not notarization. Financial powers of attorney usually need notarization but not witnesses. Check your state's law and ask the institution that will use the document.

What if I live in a different state than where I will use the power of attorney?

A power of attorney notarized in one state is valid in all other states. You do not need to have it re-notarized. The notary's seal and signature are recognized nationwide. However, the institution using the document may have its own requirements, so confirm with them before you sign.

Can I get a power of attorney notarized online?

Some states now allow remote notarization, where you sign in front of a notary via video call. The notary verifies your ID and watches you sign on camera. Not all states permit this, and not all institutions accept remotely notarized documents. Check your state's rules and ask the organization that will use the document whether they accept remote notarization.