The person you want to give power to must agree, and you must sign the document in front of a notary public

Getting power of attorney over someone means that person — called the principal — voluntarily gives you legal authority to act on their behalf. You cannot obtain power of attorney without their knowledge or consent. The principal must understand what they are signing, sign the document themselves (or direct someone to sign for them if they cannot), and have the signature notarized by a licensed notary public in most states.

The process is straightforward if the principal is willing and mentally capable. You obtain a power of attorney form (either a general form from your state, a template, or one drafted by an attorney), fill it in with the specific powers you need, have the principal sign it in front of a notary, and then keep the original document. Some banks and institutions may require you to register the document with them before they will honor it.

Key Takeaways

  • The person giving you power of attorney must sign the document themselves in front of a notary public — you cannot sign on their behalf or obtain it without their consent.
  • You can use a state-specific form, a template, or hire an attorney to draft the document, depending on how much power you need and whether the situation is complex.
  • Different types of power of attorney give you different powers: general (broad financial control), limited (specific tasks only), healthcare (medical decisions), or durable (remains valid if the person becomes incapacitated).
  • Some institutions like banks and investment firms may require you to register the power of attorney with them or provide a certified copy before they will accept it.
  • If the principal later becomes mentally incapacitated and never signed a power of attorney, you will need to go to court to become their legal guardian or conservator.

Choosing the right type of power of attorney for your situation

Power of attorney comes in different forms, and the type you need depends on what decisions you will be making. A general power of attorney gives you broad authority over the principal's finances and property — you can pay bills, sell assets, manage bank accounts, and handle most financial matters. A limited power of attorney restricts your authority to specific tasks: for example, you might only be able to sell one piece of property or manage one bank account. A healthcare power of attorney (also called a healthcare proxy or medical power of attorney) gives you authority only over medical decisions, not finances.

A durable power of attorney remains valid even if the principal becomes mentally incapacitated — this is the type most people use for long-term planning. A non-durable power of attorney ends if the principal becomes incapacitated, so it is mainly used for short-term situations like managing finances while someone is traveling. Some states also recognize a springing power of attorney, which only takes effect if the principal becomes incapacitated (though many banks and institutions do not accept these, so check first if this matters for your situation).

Getting the document signed and notarized

Once you have decided on the type and obtained or drafted the form, the principal must sign it in front of a notary public. The notary verifies the principal's identity, confirms they are signing willingly and understand what they are signing, and then stamps and signs the document. The principal cannot sign the document alone and bring it to the notary later — the notary must watch them sign. Some states require one or two witnesses in addition to the notary; check your state's requirements before you schedule the notarization.

The principal should keep the original signed document in a safe place — a safe deposit box, home safe, or with an attorney. You will need certified copies for banks, insurance companies, and other institutions. You can obtain certified copies from the notary who notarized it, or sometimes from the county clerk's office. Keep multiple certified copies on hand because some institutions will not return the copy you provide, and you may need to show it to several organizations.

Registering the power of attorney with banks and institutions

After the document is signed and notarized, you do not automatically have the power to act. Each bank, investment firm, insurance company, or other institution that holds the principal's assets may require you to register the power of attorney with them before they will honor it. This means providing them with a certified copy of the document and sometimes filling out their own power of attorney form or acknowledgment.

Contact each institution where the principal has accounts or property and ask what they need from you. Some will accept the state form; others have their own forms they prefer. Starting this process early — before you actually need to use the power of attorney — prevents delays if the principal becomes ill or incapacitated. If you wait until an emergency, institutions may move slowly, and you could miss time-sensitive important date like paying bills or managing medical decisions.

Using a template, state form, or attorney

You have three main options for obtaining the actual document. Many states provide free or low-cost power of attorney forms through the state bar association, the secretary of state's office, or the state legislature's website. These forms are designed to meet your state's legal requirements and are usually sufficient for straightforward situations. Search "[your state] power of attorney form" to find the official version.

Online legal document services like LegalZoom, Nolo, or Rocket Lawyer offer templates and guided forms that walk you through the process. These are usually cheaper than hiring an attorney and work well if your situation is straightforward — for example, you just need to manage finances or make healthcare decisions for a family member. However, if the principal has complex assets, multiple properties, a business, or if there is family conflict about who should have power, hiring an attorney is worth the cost. An attorney can draft a document tailored to your specific situation and can advise you on tax implications or potential disputes.

What happens if the principal becomes incapacitated without a power of attorney

If the principal never signed a power of attorney and later becomes mentally incapacitated — from dementia, stroke, accident, or illness — you cannot straightforward obtain one retroactively. At that point, the principal cannot sign a valid document because they lack the mental capacity to understand what they are signing. You will need to go to court to become their legal guardian (for personal decisions) or conservator (for financial decisions), depending on your state's terminology.

Guardianship and conservatorship are more expensive, time-consuming, and public than power of attorney. The court process can take weeks or months, requires filing petitions and sometimes medical evidence, and may involve a hearing. The court oversees your decisions and you must file annual reports. For this reason, encouraging an aging parent, spouse, or other family member to sign a power of attorney while they are still mentally capable is far simpler than dealing with guardianship later.

Common mistakes to avoid when creating power of attorney

One frequent mistake is not making the document durable. If you create a non-durable power of attorney and the principal becomes incapacitated, your authority ends when ready — exactly when you need it most. Unless you have a specific short-term reason for non-durable power, always request durable power of attorney.

Another mistake is not giving the document to the institutions that need it. Signing and notarizing the document is only half the work; you must then provide certified copies to banks, insurance companies, healthcare providers, and any other organization that will need to recognize your authority. Do not assume they will accept it without seeing it. A third common error is not keeping certified copies. Get at least three or four certified copies from the notary; some institutions keep the copy you provide, and you will need extras for different organizations.

Finally, do not create a power of attorney in secret or without the principal's full understanding. The document is only valid if the principal signed it knowingly and willingly. If family members later challenge it, claiming the principal was coerced or did not understand, the court may invalidate it. Have the conversation openly, explain what powers you are requesting and why, and consider having the principal's attorney (if they have one) review it before signing.

Frequently Asked Questions

Can I get power of attorney over someone who does not want to give it to me?

No. Power of attorney requires the principal's voluntary consent and signature. If someone refuses to sign, you cannot obtain power of attorney. Your only option is to petition the court for guardianship or conservatorship, which is a separate legal process that does not require the person's consent but does require proving to a judge that they are incapacitated and you should manage their affairs.

What if the person I need power of attorney for is already incapacitated?

If they cannot understand what they are signing, they cannot sign a valid power of attorney. You will need to go to court to become their guardian or conservator. This process varies by state but generally involves filing a petition, providing medical evidence of incapacity, and attending a court hearing. An attorney can guide you through the process in your state.

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

Not always. If your situation is straightforward — managing finances for a family member or making healthcare decisions — a state form or online template usually works. However, if the principal has significant assets, owns a business, has multiple properties, or if there is potential family conflict, an attorney can draft a document that protects everyone and avoids future disputes.

How much does it cost to create a power of attorney?

A state form or online template costs little to nothing. A notary typically charges between $5 and $15 per signature. If you hire an attorney, costs range from $300 to $1,000 or more depending on complexity and your location. Guardianship through the court, if needed later, costs significantly more — often $1,500 to $5,000 or higher.

Can I change or cancel a power of attorney after it is signed?

Yes. The principal can revoke a power of attorney at any time by signing a revocation document and notarizing it, then providing copies to all institutions that have the original. If the principal becomes incapacitated, they can no longer revoke it, but you can revoke it on their behalf in some states. Check your state's rules or consult an attorney if you need to cancel an existing power of attorney.