What you need to do before you write

Before you put pen to paper, you need to decide three things: who will act on your behalf (called the agent or attorney-in-fact), what powers you want to give them, and whether the document takes effect now or only if you become unable to make decisions.

Choose an agent you trust completely. This person will have real authority over your finances, healthcare, or property depending on what you write. Many people name a spouse, adult child, or close family member, but you can name anyone willing to take on the role. Ask them first—do not surprise someone by naming them as your agent.

Decide what powers matter to you. A financial power of attorney might cover bank accounts, selling property, or paying bills. A healthcare power of attorney covers medical decisions. Some people write a general document that covers broad authority; others write a limited one that covers only specific tasks, like selling one piece of property or managing one bank account.

Understand the difference between a document that starts now and one that starts only if you cannot decide for yourself. A durable power of attorney stays in effect even if you become incapacitated—this is what most people need. A springing power of attorney only activates when a doctor says you cannot make decisions. Springing documents are harder to use because the agent must prove incapacity first.

Key Takeaways

  • Your state has specific language requirements for a power of attorney to be valid, and you can find the exact form or template on your state attorney general's website or your state bar association's website.
  • You must sign the document in front of a notary public in most states, and some states require witnesses as well—check your state's rules before you sign.
  • Name a specific person as your agent, state exactly what powers you are giving them, and include language that the document survives your incapacity if you want it to last if you become unable to decide.
  • You can write a limited power of attorney for a single task (like selling a house) or a general one that covers broad financial or healthcare decisions.
  • After you sign and notarize the document, give copies to your agent, your bank, your healthcare provider, and anyone else who will need to see it to honor your wishes.

Find your state's form or requirements

Every state has its own rules about what language must appear in a power of attorney and how it must be signed. The fastest way to get this right is to use your state's official form if one exists, or to follow your state's specific requirements if you write your own.

Start by visiting your state attorney general's website and searching for "power of attorney form." Many states publish official forms that you can read and fill in. If your state does not have an official form, visit your state bar association's website—most bar associations publish templates that meet state law.

If you cannot find a state form, you can buy a template from a legal document service like LegalZoom or Nolo, or you can hire a lawyer to draft one. A lawyer costs more but ensures the document is correct for your exact situation. For a straightforward financial or healthcare power of attorney, a state form or bar association template usually works fine.

Read the instructions that come with the form. They will tell you what blanks to fill in, whether you need a notary, whether you need witnesses, and whether there are any special rules in your state about healthcare powers of attorney.

Fill in the required information

The form will ask for your name, address, and date of birth. Fill these in exactly as they appear on your identification. Then fill in your agent's full legal name and address.

In the section about powers, check the boxes or write out the specific authority you want to give. If the form lists options like "manage bank accounts," "sell real estate," "file taxes," or "make healthcare decisions," mark only the ones you want your agent to handle. If you want to give broad authority, look for a box that says "all powers" or "general authority"—but read what that covers first.

If you want the document to stay in effect if you become incapacitated, look for language that says "durable" or "survives incapacity." Most forms have a checkbox for this. Mark it. If you want the document to take effect only when you cannot decide for yourself, look for "springing" language and mark that instead—but understand that your agent will have to prove incapacity before they can use it.

Fill in the date you are signing. Do not sign yet. You need a notary present when you sign.

Get the document notarized

A notary public is a person authorized by your state to witness signatures and confirm that you are who you say you are. Most power of attorney documents must be notarized to be valid. Some states also require one or two witnesses in addition to the notary.

Find a notary by calling your bank (many offer notary services free to customers), visiting a UPS Store or FedEx Office, or searching "notary public near me" online. Bring your signed power of attorney form, a photo ID, and any witnesses your state requires. The notary will watch you sign, check your ID, and stamp and sign the document.

If your state requires witnesses, they must usually be people who are not related to you and not named as your agent. The notary will tell you if you need them. Bring them with you or ask the notary where you can find them.

Keep the original signed and notarized document in a safe place—a safe deposit box, a fireproof safe at home, or with your lawyer. Make several certified copies. A certified copy is a photocopy that a notary stamps and signs to confirm it matches the original.

Distribute copies to the people who need them

Give a certified copy to your agent so they know what powers you have given them and can show it to banks, healthcare providers, or others who need proof. Give a copy to your primary healthcare provider and to the hospital where you receive care if you have written a healthcare power of attorney. Give a copy to your bank and any financial institutions that hold your accounts.

Tell these people where you keep the original document. If something happens to you, they will need to know how to find it. Some people keep a copy in their wallet or purse with a note saying where the original is stored.

You do not have to file a power of attorney with any government office unless your state requires it for a specific type (like a healthcare power of attorney in some states). Check your state's rules. If filing is required, the instructions with your form will tell you where to send it.

Understand what happens after you sign

Once you sign and notarize the document, your agent can use it when ready—unless you chose a springing power of attorney, in which case they can use it only after a doctor confirms you cannot make decisions. Your agent does not need your permission to use the powers you have given them, but they must act in your best interest and keep records of what they do.

You can revoke (cancel) the power of attorney at any time while you are able to make decisions. To revoke it, write a letter saying you are canceling it, sign and notarize the letter, and give copies to your agent and anyone else who has a copy of the original document. You can also write a new power of attorney, which automatically cancels the old one.

If you become incapacitated and did not write a power of attorney, your family will have to go to court to get authority to make decisions for you. This process, called guardianship or conservatorship, is slower and more expensive than having a power of attorney in place. Writing one now saves your family time and money later.

When to hire a lawyer instead

For a straightforward situation—you want to name one agent to handle your finances or healthcare—a state form or template usually works fine and costs nothing. But hire a lawyer if your situation is complicated: you own a business, you have significant assets, you want to name multiple agents with different powers, or you are not sure what powers you need.

A lawyer can also help if you want to add conditions to your agent's authority (for example, "my agent can sell my house only if I am incapacitated") or if you want to name a successor agent who takes over if your first agent dies or becomes unable to serve.

Lawyer fees for a power of attorney typically range from a few hundred dollars to over a thousand, depending on complexity and your location. Many lawyers offer a flat fee for a straightforward document. Ask for a quote before you hire one.

Frequently Asked Questions

Can I write a power of attorney by hand, or does it have to be typed?

Most states allow a handwritten power of attorney as long as it meets the state's legal requirements and is notarized. However, typed documents are clearer and less likely to cause problems later. If you write by hand, use black or blue ink, write clearly, and follow your state's form exactly.

What if my agent dies or refuses to act?

Name a successor agent in your power of attorney—someone who takes over if your first agent cannot serve. If you did not name a successor and your agent dies or refuses, the document becomes invalid and you (or your family) may need to go to court to get authority to make decisions.

Can I give my agent power over only one bank account, not all my finances?

Yes. Write a limited power of attorney that names only the specific account or property your agent can manage. This is useful if you want one person to pay your bills but do not want them to sell your house or access all your accounts.

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

No. You can use your state's official form or a template from your state bar association. But a lawyer is worth the cost if your finances are complex, you own a business, or you want to add conditions to your agent's authority.

What is the difference between a power of attorney and a will?

A power of attorney lets someone act on your behalf while you are alive. A will says what happens to your property after you die. You need both. A power of attorney does not replace a will, and a will does not replace a power of attorney.