The Basic Steps to Become Power of Attorney
Becoming power of attorney requires the person who wants to give you that authority — called the principal — to sign a legal document that names you. You do not become power of attorney on your own; the principal must create the document, usually with a lawyer's help, and sign it in front of a notary public. Once signed and notarized, the document is valid, and you have the authority it describes.
The principal can create a power of attorney document at any time while they are mentally capable of understanding what they are signing. They can also revoke it at any time, for any reason. The document itself is what gives you the power — not a court order, not a government registration, and not your relationship to the person.
The specific steps depend on what type of power of attorney the principal wants to create and what state they live in. State laws vary on how documents must be signed, witnessed, and notarized. Some states require only a notary; others require witnesses as well.
Key Takeaways
- The principal (the person giving you power of attorney) must sign a legal document naming you; you cannot become power of attorney without their written consent.
- The document must be notarized, and some states also require witnesses to sign it.
- A lawyer can draft the document to fit the principal's exact wishes, or the principal can use a state-specific form if the situation is straightforward.
- Once the document is signed and notarized, you have the authority it describes — you do not need court approval or government registration in most cases.
- The principal can change their mind and revoke the power of attorney at any time while they are mentally capable.
When the Principal Works With a Lawyer
Many people hire an attorney to draft a power of attorney document because the lawyer can make sure it covers exactly what the principal wants and follows all the rules of their state. The lawyer will meet with the principal, ask what decisions they want you to make on their behalf, and write a document that spells that out clearly.
The principal then signs the document in front of the lawyer and a notary public. Some states require witnesses as well; the lawyer will know what your state requires and make sure those people are present. The lawyer keeps a copy and gives the principal and you a copy each.
The cost of hiring a lawyer to draft a power of attorney varies by location and complexity. A straightforward document might cost $200 to $500; a more detailed one could cost more. Some legal aid organizations offer free or low-cost help if the principal cannot afford a lawyer.
Using a State Form Instead of a Lawyer
Many states provide official power of attorney forms that the principal can fill out themselves without hiring a lawyer. These forms are designed to be valid under that state's law and cover the most common situations — giving someone power to handle bank accounts, pay bills, manage property, or make healthcare decisions.
To use a state form, the principal fills it out, names you as the person with power of attorney, and describes what powers you will have. They then sign it in front of a notary public (and witnesses, if the state requires). Some states post these forms on the state bar association website or the secretary of state's website; others make them available through the court system.
Using a state form is much cheaper than hiring a lawyer — usually just the notary fee, which is typically $5 to $15 — but it works only if the principal's situation is straightforward. If the principal has complex assets, unusual wishes, or wants to set conditions on your power, a lawyer is a better choice.
What Happens at the Notary's Office
The principal brings the completed power of attorney document to a notary public, along with a photo ID. The notary checks the ID to make sure the principal is who they say they are, watches them sign the document, and signs and stamps it themselves. This step proves that the principal signed the document willingly and understood what they were signing.
Some states also require one or two witnesses to be present when the principal signs. The witnesses must be adults (usually 18 or older) who are not related to the principal and have no financial interest in the situation. The notary will tell the principal if witnesses are required in your state.
After the notary signs and stamps the document, it is valid. The principal should keep the original and give you a copy. Some banks and institutions ask to see the original document before they will honor your power of attorney, so the principal should keep it in a safe place.
Different Types of Power of Attorney and What You Can Do
The principal can create different types of power of attorney that give you different amounts of power. A general power of attorney gives you broad authority to handle almost any financial or legal matter on the principal's behalf. A limited power of attorney gives you power only for specific tasks — for example, selling a house or managing a bank account. A healthcare power of attorney (sometimes called a healthcare proxy) gives you power to make medical decisions only.
The principal can also create a durable power of attorney, which stays in effect even if the principal becomes mentally unable to make decisions. A regular power of attorney ends if the principal becomes incapacitated. If the principal wants you to have power to act on their behalf if they can no longer make decisions themselves, they need to ask for a durable power of attorney.
The document itself spells out exactly what you can and cannot do. You have only the powers the principal writes into the document. If the document says you can pay bills and manage bank accounts but not sell property, you cannot sell property, even if you think it would help the principal.
After the Document Is Signed: What You Need to Do
Once the power of attorney document is signed and notarized, you should keep a copy with you and give copies to anyone who might need to see it — banks, insurance companies, healthcare providers, or the principal's employer. Some institutions have their own power of attorney forms they want you to sign instead of or in addition to the state form; ask them what they need.
You should also understand what the document allows you to do and what it does not. Read it carefully. If you are unsure whether you have the power to do something specific, ask the principal to clarify, or consult a lawyer.
Keep records of everything you do on the principal's behalf — deposits, withdrawals, bills paid, property sold. The principal has the right to see these records at any time, and if the principal dies or revokes the power of attorney, their family or estate may ask to review them. Good records protect you and show that you acted in the principal's interest.
When You Cannot Become Power of Attorney
You cannot become power of attorney if the principal is not mentally capable of understanding what they are signing. If the principal has dementia, severe mental illness, or another condition that prevents them from understanding the document and what it means, the document is not valid, and you have no legal power.
If the principal is already incapacitated and never created a power of attorney, you cannot become power of attorney retroactively. Instead, a family member would need to go to court and ask to be appointed as a guardian or conservator. This is a longer, more expensive process that requires court approval.
Some states also have rules about who can be power of attorney. Most states do not allow a notary public to be the power of attorney for the same document they notarize, and some states have other restrictions. A lawyer can tell you whether any restrictions explore in your situation.
Frequently Asked Questions
Do I need to register the power of attorney with the court or government?
In most states, no. A signed and notarized power of attorney document is valid without any court filing or government registration. Some states have optional registration systems, but they are not required. You straightforward show the document to banks, healthcare providers, or others who need to see it.
Can the principal change their mind and take back the power of attorney?
Yes. The principal can revoke the power of attorney at any time while they are mentally capable. They should do this in writing, have it notarized, and give copies to you and anyone else who has a copy of the original document. Once revoked, you no longer have any power to act on their behalf.
What if the principal dies — does the power of attorney end?
Yes. When the principal dies, the power of attorney ends when ready. You no longer have any authority. The principal's will or estate takes over, and a person named in the will (the executor) handles the principal's property and debts.
Can I be power of attorney for more than one person?
Yes. You can be power of attorney for your parent, your spouse, a friend, or anyone else who creates a document naming you. Each person's document is separate, and you have only the powers each document gives you.
What if I do not want to be power of attorney anymore?
You can resign by writing a letter to the principal saying you no longer want the role and giving them a copy. You should also notify anyone who has a copy of the power of attorney document. Once you resign, you have no more power to act on the principal's behalf.