The Basic Steps to Appoint a Power of Attorney

To appoint a power of attorney, you create a legal document that names someone to act on your behalf, sign it in front of a notary public, and keep it somewhere safe. The person you name is called your agent or attorney-in-fact — they do not need to be a lawyer. You can appoint a power of attorney on your own; you do not need to hire an attorney to do it for you, though some people choose to.

The document itself is usually one to three pages. You write out who you are, who you are naming as your agent, what powers you are giving them, and when the document takes effect. You then sign it in front of a notary public (available at most banks, UPS stores, and law offices). Some states require two witnesses instead of or in addition to a notary — check your state's rules before you sign.

Once it is signed and notarized, the document is valid when ready unless you specify a later date. You should give a copy to your agent, your bank, your healthcare provider (if it is a healthcare power of attorney), and keep the original in a safe place at home or in a safe deposit box.

Key Takeaways

  • You create the power of attorney document yourself, name your agent, specify what powers they have, and sign it in front of a notary public.
  • Your agent can be a family member, friend, or professional — they do not need legal training, but they must be at least 18 years old and willing to take on the responsibility.
  • Different types of power of attorney give different powers: a financial power of attorney lets someone handle money and property, while a healthcare power of attorney lets someone make medical decisions.
  • Your state's laws determine whether you need a notary, witnesses, or both, and what language must appear in the document.
  • You can revoke a power of attorney at any time by destroying the document and notifying your agent and anyone else who has a copy.

Choosing Your Agent

Your agent should be someone you trust completely, because they will have significant power over your finances, healthcare, or both. They must be at least 18 years old and of sound mind. Many people name a spouse, adult child, or close friend. Some people name a professional fiduciary or corporate trustee if they do not have family they trust or if their situation is complex.

You can name more than one agent — for example, two adult children — but decide in advance whether they must act together or can act separately. Acting together slows things down but adds a check against misuse. Acting separately is faster but riskier if the agents disagree.

Before you name someone, talk to them. Many people do not realize they have been named as an agent until they need to use the document, which creates confusion and delay. A conversation also lets you explain what you expect and answer any questions they have about the responsibility.

Deciding What Powers to Give

A power of attorney can be general (giving broad powers over all your finances and property) or limited (giving power only over specific things, like selling a house or managing a bank account). You can also create a healthcare power of attorney separately, which gives someone power to make medical decisions but not financial ones.

For a general financial power of attorney, your agent can typically pay bills, deposit checks, sell property, manage investments, and file taxes on your behalf. For a limited one, you might say "my agent can only sell my house at 123 Main Street" or "my agent can only manage my checking account at First National Bank." Be specific about what you do and do not want them to do.

A healthcare power of attorney is separate and covers decisions about medical treatment, surgery, end-of-life care, and access to your medical records. Some states call this a healthcare proxy or medical power of attorney. You can create both documents at the same time, naming the same person or different people for each.

Understanding Durable vs. Springing Powers of Attorney

A durable power of attorney stays in effect even if you become mentally incapacitated — this is what most people want. A springing power of attorney only takes effect if you become incapacitated, which requires a doctor to certify that you cannot make decisions for yourself. Springing powers are less common because they create delays when your agent needs to act quickly.

Most states assume a power of attorney is durable unless you say otherwise, so you do not have to do anything special to make it durable. If you want a springing power, you must say so explicitly in the document and specify who decides when you are incapacitated (usually your doctor or two doctors).

For healthcare decisions, a durable power of attorney is almost always the right choice. Your agent can then make decisions when ready if you are in an accident or sudden illness, without waiting for a doctor to declare you incapacitated.

Getting the Document Notarized

After you write or print the power of attorney document, you sign it in front of a notary public. The notary watches you sign, checks your ID, and writes a statement saying they witnessed your signature. This statement is called a notarial certificate and is usually printed on the document itself or attached to it.

Find a notary at your bank, a UPS store, a law office, or online through your state's notary directory. Bring a photo ID. The notary will ask you to sign the document in front of them — do not sign it before you arrive. The cost is usually between $5 and $25 per signature.

Some states require witnesses in addition to a notary, and some require witnesses instead. Check your state's power of attorney law before you sign. If witnesses are required, they must be present when you sign, and they must sign the document themselves. Witnesses cannot be your agent or related to you by blood or marriage in most states.

Storing and Sharing Your Power of Attorney

Keep the original signed, notarized document in a safe place — a home safe, a safe deposit box at your bank, or with your attorney if you have one. Make several copies and give them to your agent, your bank, your healthcare provider, and anyone else who might need to see it.

Tell your agent where the original is kept and how to access it if something happens to you. If the original is in a safe deposit box, make sure your agent's name is on the box or that the bank knows to give it to them in an emergency.

Some banks and healthcare providers will not accept a copy and will ask for the original or a certified copy. A certified copy is a copy that a notary or court official has verified matches the original. If you think you will need certified copies, ask the notary to make them when you have the document notarized, or contact your county clerk's office about getting them later.

Revoking a Power of Attorney

You can revoke a power of attorney at any time as long as you are mentally capable of making that decision. To revoke it, destroy the original document, write a letter stating that you revoke it, or create a new power of attorney that replaces the old one. Sign the revocation letter and have it notarized, then give copies to your agent, your bank, your healthcare provider, and anyone else who has a copy of the original.

If your agent dies, becomes incapacitated, or refuses to act, the power of attorney ends unless you named a successor agent. Some people name a backup agent for this reason — for example, "if my daughter cannot or will not serve, my son shall serve as my agent."

Your power of attorney also ends when you die. At that point, your will and your estate plan take over, and your agent has no further authority.

Frequently Asked Questions

Do I need a lawyer to create a power of attorney?

No. You can create a power of attorney yourself using a template from your state bar association, a legal document service, or a book on estate planning. Many people do this successfully. You should consider hiring a lawyer if your situation is complicated — for example, if you own a business, have significant assets, or are unsure what powers to give.

Can my agent use the power of attorney after I die?

No. A power of attorney ends when you die. Your agent has no authority over your estate after your death. Your will and your heirs take over at that point. If you want someone to manage your estate after you die, you name them as your executor in your will.

What if my agent misuses the power of attorney?

Your agent is legally required to act in your best interest and can be sued if they steal from you or misuse their power. You can also revoke the power of attorney at any time. If you suspect misuse, contact your state's attorney general or adult protective services, and consider revoking the document when ready and naming a different agent.

Does my power of attorney have to be notarized?

Most states require a notary, but a few do not. Some states require witnesses instead. Check your state's power of attorney law to see what your state requires. If you are not sure, having it notarized is the safest choice because banks and healthcare providers almost always accept a notarized document.

Can I create a power of attorney online?

Yes. Several legal document services let you answer questions online and generate a power of attorney document that you can print and have notarized. These services are usually cheaper than hiring a lawyer but may not cover unusual situations. Make sure the service is for your state, because power of attorney laws vary.