You become a power of attorney when someone signs a legal document naming you to handle their financial, medical, or legal matters
The person who wants you to act on their behalf — called the principal — must sign a document that gives you authority. That document is usually called a power of attorney form, though the exact name varies by state. You do not explore for the role or go through a government process. The principal chooses you, signs the paperwork, and you become their attorney-in-fact (the legal term for someone holding power of attorney). Some states require the document to be notarized; others do not.
The principal can name you as power of attorney for specific tasks (like selling a house) or for broad authority (like managing all their finances). They can also set a date when your authority ends, or make it last only while they are alive. The key point: you have no power until they sign and deliver the document to you.
Key Takeaways
- The principal must sign a power of attorney document naming you; you cannot become power of attorney without their written consent.
- Most states require the document to be notarized, and some require it to be filed with a court or county office before you can use it.
- You should ask the principal what authority they want you to have — financial only, medical only, or both — because the document must spell this out.
- After the principal signs, you will need certified copies of the document to show banks, doctors, or other institutions before they let you act on the principal's behalf.
- If the principal becomes unable to make decisions and never signed a power of attorney, you will need to go to court to become their guardian or conservator instead.
What the principal needs to do first
The principal must decide what authority they want to give you. Do they want you to handle their bank accounts and investments? Pay their bills? Sell their property? Make medical decisions if they cannot? Decide what happens to their body after death? Each of these requires different language in the document, and some require separate documents entirely.
Once they know what they want, they should get a power of attorney form. Many states provide official forms on their secretary of state website or court website. A lawyer can also draft one, which costs money but ensures the document fits the principal's exact situation. Some people use online legal services that generate a form for a flat fee.
The principal should never sign a blank form or one they do not fully understand. They must read it, know what authority it gives you, and be mentally capable of understanding what they are doing when they sign. If they are already confused or unable to understand, it is too late — the document will not be valid.
The signing and notarization process
In most states, the principal must sign the power of attorney document in front of a notary public. A notary is someone licensed by the state to witness signatures and verify that the person signing is who they say they are. The principal brings a photo ID to the notary, signs the document, and the notary stamps and signs it. This usually costs $5 to $15.
Some states allow the principal to sign without a notary if witnesses sign instead — typically two or three people who watch the principal sign and add their own signatures. Check your state's rules, because using the wrong method means the document may not be accepted by banks or hospitals later.
A few states also require the power of attorney to be filed with a court or county clerk's office before it becomes valid. This is separate from notarization. Ask the notary or a lawyer whether your state requires filing, because missing this step can make the document useless.
What happens after the principal signs
Once the document is signed and notarized, the principal should give you a certified copy — a copy stamped by the notary or court to show it is a true copy of the original. You will need this certified copy to prove your authority to banks, hospitals, insurance companies, and other institutions. Keep several copies in a safe place, because you may need to show them many times.
The principal should also tell you where they keep the original document and any other important papers. If they become unable to communicate, you will need to find these documents quickly. Some people keep originals in a safe deposit box, a home safe, or with their lawyer.
Your authority as power of attorney begins as soon as the document is signed, unless the principal wrote a different date into it. Some people create a "springing" power of attorney that only becomes active if the principal becomes unable to make decisions — but this type can cause problems because institutions may not accept it without proof that the principal is actually incapacitated.
Your responsibilities once you hold power of attorney
Once you are named power of attorney, you have a legal duty to act in the principal's best interest, not your own. This is called a fiduciary duty. You must keep accurate records of any money you spend or move on their behalf, and you cannot use their money or property for yourself without permission. If you violate this duty, the principal or their family can sue you.
You must also follow any instructions the principal gave you in the document or in writing. If the document says you can only access their bank account but not sell their house, you cannot sell the house no matter what you think is best. If the principal changes their mind about your authority, they can revoke the power of attorney at any time by signing a revocation document.
When the principal dies, your authority ends when ready. You cannot continue to act on their behalf or access their accounts. The executor of their will or their heirs take over from that point.
When you cannot become power of attorney
If the principal is already unable to understand what they are signing — because of dementia, a stroke, severe illness, or unconsciousness — they cannot create a valid power of attorney. The document will not hold up if challenged later. In this situation, a family member or concerned person must go to court to become the principal's guardian (for personal decisions) or conservator (for financial decisions). This is a longer process that involves a judge, but it gives you legal authority when no power of attorney exists.
Some institutions may also refuse to accept your power of attorney if it is old (more than a few years), if it is not notarized properly, or if it does not use the institution's own form. Banks sometimes require you to fill out their version even if you have a valid state form. This is legal in most states, though it can be frustrating.
State-specific rules you should know about
Power of attorney rules vary significantly by state. Some states have strict requirements about how the document must be worded or formatted. Others are more flexible. A few states require power of attorney documents to be recorded (filed) with the county recorder's office, especially if they involve real estate.
Some states also have rules about when a power of attorney ends. In most places, it ends when the principal dies or revokes it. But in a few states, it automatically expires after a set number of years unless the principal renews it. Check your state's secretary of state website or ask a lawyer about the rules where you live.
If the principal lives in one state and you live in another, the document should still be valid in your state — but some institutions may be skeptical. Having it notarized and keeping certified copies helps. If there is any doubt, a lawyer in your state can review it and confirm it will be accepted.
Frequently Asked Questions
Can I become power of attorney for someone without their knowledge?
No. The principal must sign the document themselves and understand what they are signing. If you forge their signature or trick them into signing, the document is not valid and you could face criminal charges for fraud.
Do I need a lawyer to become power of attorney?
No, but a lawyer can help. Many states provide free or low-cost forms online. If the principal's situation is complicated — they own a business, have significant assets, or have a blended family — a lawyer can make sure the document covers everything and will be accepted by institutions.
What if the principal wants to change who their power of attorney is?
They can revoke the current power of attorney by signing a revocation document and giving it to you and any institutions that have a copy. Then they can sign a new power of attorney naming someone else. The new document should state that it revokes all previous ones.
Can two people be power of attorney at the same time?
Yes. The principal can name two or more people as co-attorneys-in-fact. The document should say whether you must both agree on decisions or whether either of you can act alone. Requiring both signatures slows things down but prevents one person from acting without the other's knowledge.
What if I become power of attorney and then the principal sues me or accuses me of stealing?
You can defend yourself by showing your records of how you spent their money and proving you followed their instructions. This is why keeping detailed records is so important. If you are accused of wrongdoing, a lawyer can help you prove you acted properly.