The Basic Steps to Become a Power of Attorney
To become a power of attorney, you need the person granting you authority (called the principal) to sign a legal document naming you. That document is the power of attorney form itself—it exists only because the principal creates it and signs it in front of a notary public. You do not explore to a government office, pass a test, or meet educational requirements. The principal chooses you, and their signature makes it official.
The process has four real steps: the principal decides what powers you will have, you both find or create the correct form for your state, the principal signs it in front of a notary, and you keep a certified copy. The whole thing can take a few hours to a few days, depending on how quickly you can schedule a notary appointment and whether the principal needs time to think about which powers to grant.
Key Takeaways
- The principal (the person giving you power of attorney) must sign the document in front of a notary public—you cannot sign it for them or become one without their consent.
- Your state's specific form matters: a power of attorney signed in one state may not be recognized in another, so use your state's form or one that complies with your state's law.
- The principal can limit your powers to specific tasks (paying bills, selling property) or give you broad authority, depending on what they need.
- You should keep at least one certified copy of the signed document, and the principal should keep the original and give copies to banks, doctors, or other institutions where you will use the power.
Decide What Powers the Principal Wants to Grant
Before any document is signed, you and the principal need to talk about what you will actually do. Power of attorney is not an all-or-nothing role. The principal can give you authority to handle only their bank account, or only to make medical decisions, or to manage all their finances and property. This conversation is the most important step because it shapes what form you will use and what the principal will sign.
Common powers include paying bills, managing bank accounts, selling or renting property, making healthcare decisions, and filing taxes. Some principals want you to have power only while they are alive; others want it to continue after they die (which requires a different document called a will or trust, not a power of attorney). Write down what the principal wants, because you will need to tell the notary or lawyer what type of form to prepare.
Get the Correct Form for Your State
Every state has its own power of attorney form, and using the wrong one can mean banks and doctors will not recognize your authority. Your state's form is usually available free from your state bar association, your state's secretary of state office, or AARP's website, which hosts forms for all 50 states. Search "[your state] power of attorney form" to find the official version.
Some states require specific language or have rules about how the document must be signed. If the principal's needs are straightforward (for example, giving you power to pay bills and manage one bank account), the state form is usually enough. If the situation is complex—the principal owns a business, has property in multiple states, or wants very specific limits on your power—it is worth paying a lawyer to draft the document, because a mistake can make it unrecognizable to banks or courts later.
Have the Principal Sign the Document in Front of a Notary
The principal must sign the power of attorney form in front of a notary public. The notary does not decide whether the principal is making a good choice; they verify that the person signing is who they say they are and that they are signing willingly. Some states require one notary; others require two. Check your state's form to see how many notary signatures are needed.
The principal should bring a photo ID to the notary appointment. You can be present, but the principal must be the one to sign—you cannot sign for them. After the notary signs and stamps the document, ask for multiple certified copies (usually two to five). The principal keeps the original, and you keep one certified copy. The principal should also give copies to their bank, doctor's office, or other institutions where you will use the power, because those places often will not accept the power of attorney unless they have their own copy on file.
Understand When Your Power Begins and Ends
A power of attorney can begin when ready when the principal signs it, or it can begin only if the principal becomes unable to manage their own affairs (called a "springing" power of attorney). Most people choose when ready power of attorney because it is simpler and works right away. If the principal chooses springing power, the document must say who decides when the principal is no longer able to act—usually a doctor—and that decision can take time and cause delays.
Your power ends when the principal dies, when the principal revokes the document in writing, or on a date the principal chose when they signed it. If the principal dies, you lose all authority when ready, even if you do not know they have died. If the principal wants to end your power while they are alive, they can do so by signing a revocation form and notifying you and any institutions that have a copy of the power of attorney.
Register or File the Document if Your State Requires It
Most states do not require you to file or register a power of attorney with any government office. You straightforward keep the signed, notarized copy and use it when you need to. However, a few states and some counties ask you to file the document with the court or county clerk's office, especially if it involves real estate. Check your state's secretary of state website or call your county clerk to find out whether filing is required where you live.
Even if filing is not required, some banks or institutions may ask you to file the power of attorney with them before they will honor it. This is their own internal rule, not a state law. Ask each institution where you plan to use the power of attorney what they need from you.
Know What You Cannot Do as a Power of Attorney
A power of attorney does not give you the right to change the principal's will, make decisions after they die, or act against their interests. You are legally required to act in the principal's best interest and to keep their money and property separate from your own. If you misuse the power—for example, by transferring the principal's money to yourself—you can be sued and forced to repay it, and you may face criminal charges.
You also cannot use a power of attorney to vote on behalf of the principal, change their marriage or adoption status, or make decisions about their children. If the principal wants someone to make healthcare decisions after they die (such as organ donation), that requires a separate document called a healthcare directive or living will, not a power of attorney.
Frequently Asked Questions
Do I need a lawyer to become a power of attorney?
No, but it depends on the situation. If the principal's needs are straightforward—paying bills, managing a bank account—the state form and a notary are enough. If the principal owns property in multiple states, runs a business, or wants very specific restrictions on your power, a lawyer can make sure the document will be recognized everywhere it is needed.
Can someone become a power of attorney without the principal knowing?
No. The principal must sign the document themselves in front of a notary. You cannot forge their signature or trick them into signing. If you do, the document is invalid and you can face criminal charges for forgery.
What happens if the principal becomes unable to sign?
If the principal cannot sign because of illness or injury, they can sign with a mark (an X) or have someone else guide their hand while they hold the pen, as long as a notary witnesses it and the principal is mentally aware of what they are signing. If the principal is unconscious or mentally unable to understand what they are signing, a power of attorney cannot be created at that point. In that case, the family may need to go to court to have a guardian appointed.
Can I become a power of attorney for someone who is not a family member?
Yes. The principal can name anyone they trust—a friend, a professional caregiver, a financial advisor. There is no requirement that you be related. However, banks and other institutions may ask more questions if you are not family, so be prepared to show the signed, notarized power of attorney document.
What if I want to step down as power of attorney?
You can resign by writing a letter to the principal and to any institutions where you have been using the power of attorney. The principal will need to name a replacement and have that person sign a new power of attorney document. If the principal is unable to do so, you may need to go to court to formally end your role.