Notarization Requirements Depend on the Document Type and Your State
Whether a power of attorney needs notarization depends on what kind of document you are creating and which state you live in. Some powers of attorney must be notarized by law; others do not require it but benefit from it anyway; and a few states allow you to skip notarization if you use a different method instead. The safest approach is to check your state's specific rules before you sign anything, because using an unnotarized document when your state requires notarization can make the document invalid.
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. When a notary notarizes a document, they stamp it with an official seal and sign it themselves, creating a record that the signature was witnessed. This does not mean the notary checked whether the document is fair or legal—only that the signature is genuine.
Key Takeaways
- Financial powers of attorney usually do not require notarization in most states, but some states and some banks demand it anyway.
- Healthcare powers of attorney often require notarization or witness signatures, and some states require both.
- Real estate powers of attorney almost always require notarization because they affect property records.
- Even when notarization is not legally required, having a document notarized makes it harder for someone to challenge later and may be required by the bank or institution that will use it.
- You can find notaries at banks, UPS stores, law offices, and online notary services, though online notaries are not available in every state.
Financial Powers of Attorney and Notarization Rules by State
A financial power of attorney lets someone else manage your bank accounts, investments, or property on your behalf. Most states do not legally require notarization for a financial power of attorney, but the rules vary. Some states allow you to sign in front of two witnesses instead of a notary. Other states require notarization only if the document will be used to sell real estate or access safe deposit boxes.
Even when your state does not require notarization, your bank may demand it anyway before they will honor the document. Banks often have their own rules that are stricter than state law. Before you have the document notarized, call the bank or financial institution that will use it and ask what they require. This saves you from getting a notarization only to learn the bank wants something different.
If your state allows witnesses instead of notarization, the witnesses must usually be adults who are not related to you and not named in the document. The rules about who can be a witness vary by state, so check your state's requirements before you choose your witnesses.
Healthcare Powers of Attorney and Medical Directives
Healthcare powers of attorney—also called healthcare proxies or medical powers of attorney—often have stricter notarization rules than financial documents. Many states require notarization, and some require both notarization and witness signatures. A few states allow you to use witnesses alone if you cannot get to a notary.
Because healthcare decisions can be urgent and contested, hospitals and doctors are more likely to question an unnotarized healthcare document than an unnotarized financial one. Having the document notarized protects you by creating official proof that you signed it willingly and knew what you were signing. If a family member later disputes your wishes, the notarization makes it much harder for them to claim the document is fake or that you were pressured.
Some states also require that the notary or witnesses watch you sign the document in person and confirm that you appear to understand what you are signing. This is different from a straightforward notarization, where the notary only checks your ID and watches you sign. Ask the notary or your state's health department whether your healthcare document needs this extra step.
Real Estate Powers of Attorney
A power of attorney that gives someone the right to buy, sell, or manage real estate almost always requires notarization. Real estate documents are recorded in county records, and county clerks will not accept an unnotarized power of attorney for property transactions. If you try to use an unnotarized real estate power of attorney, the title company or county clerk will reject it, and the transaction will not go through.
Because real estate is high-value and permanent, notarization is non-negotiable. Even if your state's law does not explicitly require it, the title company or county will require it as a condition of doing business. Do not skip this step.
How to Get a Power of Attorney Notarized
You can find notaries at banks, credit unions, law offices, UPS stores, FedEx locations, and some libraries. Many notaries charge a small fee, usually between $5 and $25 per signature. Call ahead to confirm the notary is available and ask what they charge, because prices vary.
When you go to the notary, bring a photo ID and the unsigned power of attorney document. The notary will ask you to sign the document in front of them, check your ID to confirm you are who you say you are, and then stamp and sign the document themselves. The whole process usually takes 5 to 10 minutes. Do not sign the document before you meet the notary—the notary must watch you sign.
If you cannot leave your home, some states allow online notaries or remote notaries who can notarize documents over video call. Not all states permit this, and not all notaries offer it. Search online for "remote notary" or "online notary" in your state to see if this option is available to you. You will still need to show a photo ID on camera, and the notary will watch you sign electronically or on paper.
What Happens If You Use an Unnotarized Power of Attorney
If your state requires notarization and you use an unnotarized power of attorney, the document may be rejected by banks, hospitals, or government agencies. They may refuse to honor it, which means the person you named cannot act on your behalf. If the document is challenged in court, a judge may rule it invalid.
In some cases, an unnotarized document might still work if the person using it has the cooperation of everyone involved. For example, if your bank manager knows you and trusts the person you named, they might accept an unnotarized document as a courtesy. But you cannot count on this. The safest approach is to follow your state's rules exactly.
If you have already signed an unnotarized power of attorney and you are not sure whether it is valid, contact a lawyer in your state. They can tell you whether the document is enforceable and whether you need to create a new one.
Frequently Asked Questions
Can I notarize my own power of attorney?
No. A notary cannot notarize a document they are named in or have a financial interest in. If you are the notary or the person receiving power of attorney, you cannot notarize the document yourself. You must use a different notary.
Do I need a lawyer to create a power of attorney?
Not always. Many states allow you to use a form from your state bar association or a legal document service. However, a lawyer can make sure the document is correct for your situation and state law. If your finances or healthcare wishes are complicated, a lawyer is worth the cost.
What if I sign a power of attorney and then change my mind?
You can revoke a power of attorney at any time by signing a written revocation and giving it to the person you named and to any institution using the document. Notarization of the revocation is usually not required, but check your state's rules. Tell your bank, doctor, and anyone else who has a copy that the power of attorney is no longer valid.
Can a power of attorney be notarized after I sign it?
No. The notary must watch you sign the document. If you have already signed it, you will need to sign it again in front of the notary. Do not ask the notary to notarize a document you signed before they were present—they will refuse because they did not witness the signature.
How long is a notarized power of attorney valid?
The notarization itself does not expire, but the power of attorney document may. Some powers of attorney last only a set number of years, while others last until you revoke them or die. Check your document to see if it has an expiration date. Even if it does not expire, institutions may ask for a fresh copy after several years.