The Basic Steps to Create a Power of Attorney Document
To make someone your power of attorney, you write a legal document that names them as your agent and describes what decisions they can make on your behalf. The document must be signed by you in front of a notary public in most states—some states also require witnesses. You do not file it with a court or government office; you keep it and give copies to the person you name and to any bank, healthcare provider, or other organization that needs to see it.
The person you name—called your agent or attorney-in-fact—does not need to be a lawyer. They can be a family member, friend, or professional fiduciary. They have no legal power until you sign the document, and their power ends when you die or when you revoke the document in writing.
Key Takeaways
- You create a power of attorney by writing a document that names your agent and signing it in front of a notary public; filing with a court is not required.
- Your agent can be anyone you trust—a family member, friend, or paid professional—and they have no power until you sign the document.
- Different types of power of attorney give different powers: a general power of attorney covers most financial decisions, while a healthcare power of attorney covers only medical choices.
- Your state has specific rules about how the document must be signed and witnessed, so using your state's form or a lawyer familiar with your state's law reduces the risk of the document being rejected.
- You can revoke a power of attorney at any time by writing a revocation letter, signing it, having it notarized, and giving copies to your agent and anyone who has a copy of the original.
Decide What Type of Power of Attorney You Need
There are two main types. A general power of attorney lets your agent handle financial and property decisions—paying bills, selling assets, managing bank accounts, filing taxes. A healthcare power of attorney (also called a healthcare proxy or medical power of attorney) lets your agent make medical decisions if you cannot. Some people create both, naming the same person or different people for each role.
A limited power of attorney gives your agent power over only one specific task—for example, selling a particular piece of real estate or managing one bank account. This is useful if you need someone to handle one thing while you are away or unable to act.
A durable power of attorney stays in effect even if you become mentally incapacitated. A non-durable power of attorney ends if you become incapacitated. Most people want a durable power of attorney because the whole point is to have someone act for you if you cannot act for yourself.
Choose Your Agent and Talk to Them First
Your agent should be someone you trust completely, because they will have broad power over your money, property, or medical decisions. They should also be willing and able to do the job—someone who lives far away or who is unreliable will create problems when you need them to act.
Talk to the person before you name them. Explain what you are asking them to do, what decisions they might have to make, and how much time and effort it might take. Some people are uncomfortable with the responsibility and will say no. It is better to know that before you sign the document than to discover it when you need them to act.
You can name an alternate agent who takes over if your first choice dies, becomes incapacitated, or refuses to serve. This is a good safeguard in case your primary agent is not available when you need them.
Get the Right Form for Your State
Each state has different rules about how a power of attorney document must be written and signed. Using your state's official form or a form designed for your state reduces the chance that a bank, hospital, or other organization will reject it.
You can find your state's form through your state bar association website, your state's secretary of state office, or AARP's state-by-state power of attorney resource. Some states provide free forms; others charge a small fee. If you use a form from a different state, banks and healthcare providers may refuse to honor it, and you may have to create a new document.
If the document is complex—for example, if you have significant assets, own a business, or want to give your agent very limited powers—a lawyer familiar with your state's law is worth the cost. An attorney can make sure the document does what you intend and is written in a way that institutions will accept.
Sign the Document in Front of a Notary Public
You must sign the power of attorney document yourself. You cannot have someone else sign it for you, even if you are ill or injured. The document is only valid if you sign it with your own hand (or mark, if you cannot write).
Most states require your signature to be notarized—that is, witnessed and certified by a notary public. Some states also require one or two additional witnesses who are not related to you and not your agent. Check your state's form or your state bar association website to see exactly what your state requires.
Go to a notary public with your unsigned document and your agent (or agents, if you have more than one). Bring a photo ID. The notary will watch you sign, verify your identity, and stamp and sign the document. This usually takes 10 to 15 minutes and costs between $5 and $25, depending on where you go. Banks, law offices, and UPS stores often have notaries on staff.
Give Copies to Your Agent and Keep the Original
After the document is signed and notarized, you keep the original. Give copies to your agent so they have proof of their authority. You should also give copies to your bank, investment firm, healthcare provider, and any other institution that might need to see it.
Some institutions have their own power of attorney forms and will ask your agent to sign their version instead of using yours. This is legal, and your agent can sign both. Having your agent sign the institution's form makes it easier for them to act on your behalf with that specific bank or hospital.
Keep the original document in a safe place—a safe deposit box, home safe, or with your lawyer. Tell your agent where it is and how to get a copy if they need one. Do not lock it away so completely that your agent cannot find it when they need to act.
Revoke the Power of Attorney If You Change Your Mind
You can revoke a power of attorney at any time, for any reason, as long as you are mentally capable of understanding what you are doing. Write a revocation letter that says you are revoking the power of attorney, sign it, have it notarized, and give copies to your agent and to any institution that has a copy of the original document.
Keep the original revocation letter with your important documents. If you create a new power of attorney naming a different agent, that new document usually revokes the old one automatically, but it is safer to revoke the old one in writing as well.
If your agent dies or becomes incapacitated and you named an alternate agent, the alternate agent's power takes effect automatically. If you did not name an alternate and your agent can no longer serve, you will need to create a new power of attorney document naming someone else.
Frequently Asked Questions
Does my power of attorney have to be filed with a court?
No. A power of attorney is a private document between you and your agent. You do not file it with any court or government office. You keep the original and give copies to your agent and to any bank, hospital, or other institution that needs to see it.
Can I name more than one person as my power of attorney?
Yes. You can name two or more agents to act together, or you can name them to act separately (each one can act alone without the other's permission). Acting together requires both to sign documents, which can slow things down. Acting separately is faster but gives each agent full power. Your state's form will explain the difference and let you choose.
What happens to my power of attorney when I die?
It ends when ready. Your agent has no power after your death. Your will or your state's intestacy law determines who inherits your property and who handles your estate. Your agent cannot act as executor unless you also name them as executor in your will.
Can my agent use the power of attorney to benefit themselves?
Legally, no. Your agent is a fiduciary, meaning they must act in your interest, not their own. They can be held liable if they use their power to steal from you or give themselves gifts. However, enforcement depends on someone discovering the theft and suing. This is why choosing a trustworthy agent is so important.
What if I become mentally incapacitated and I did not create a power of attorney?
Your family will have to go to court and ask a judge to appoint a conservator or guardian to manage your affairs. This is more expensive, slower, and gives the court control over who manages your money and medical decisions. Creating a power of attorney while you are able to do so lets you choose who that person is.