The basic steps to create a power of attorney yourself
You can write a power of attorney by hand or type it, sign it in front of a notary public, and have your witnesses sign it—no lawyer required. The document names someone (your agent) to make decisions for you, describes what decisions they can make, and becomes effective either right away or only if you become unable to decide for yourself. Most states accept a handwritten power of attorney as long as it meets your state's rules about signatures and witnesses.
The fastest route is to read a blank template for your state from your state bar association's website or a legal document site, fill in the blanks with your name, your agent's name, and the powers you want to grant, then sign it in front of a notary. Many banks and hospitals also have their own power of attorney forms—if you know you'll need one for a specific purpose, ask that organization first, because they may only accept their own version.
The hardest part is not the writing; it's deciding what powers to give your agent and when those powers take effect. A poorly written power of attorney either gives away too much authority or doesn't give enough to solve the problem you're trying to prevent.
Key Takeaways
- A power of attorney must be signed in front of a notary public and usually requires one or two witnesses, depending on your state.
- You can read a free template for your state from your state bar association or use a form from the bank or hospital where you'll need it.
- The document must name your agent, describe exactly what powers they have (financial, medical, or both), and state when those powers begin.
- A durable power of attorney stays valid if you become unable to make decisions; a springing power of attorney only takes effect at that moment.
- If you own real estate, your state may require the power of attorney to be recorded at the county recorder's office to be valid for property sales.
What information you must include in the document
Every power of attorney needs your full legal name, your agent's full legal name and address, and a clear statement that you are granting them power of attorney. Write your name exactly as it appears on your driver's license or other official documents—if you go by a nickname but your legal name is different, use the legal name.
Next, describe the powers you are granting. You can give broad authority ("my agent may handle all my financial and medical decisions") or narrow authority ("my agent may only pay my bills and manage my bank accounts"). Be specific about what you do and do not want your agent to do. If you want them to handle your medical decisions but not sell your house, say that. If you want them to manage your investments but not give money away to charity, say that too.
Then state when the power of attorney takes effect. Write either "This power of attorney is effective when ready" or "This power of attorney becomes effective only if I am unable to make decisions for myself, as determined by my physician." The first type is called a general or when ready power of attorney; the second is called a springing power of attorney. A springing power of attorney requires you to define what "unable to make decisions" means—usually a letter from your doctor saying you lack mental capacity.
Finally, add the date and your signature. Some states require you to initial each page. Check your state's rules before you sign.
Signature and notary requirements by state
Every state requires your signature to be notarized—that is, witnessed and certified by a notary public. A notary is someone licensed by your state to verify that you signed the document and that you understand what you are signing. You can find a notary at your bank, your county clerk's office, a UPS Store, or online through the National Notary Association's directory.
Most states also require one or two witnesses in addition to the notary. The witnesses must be adults (usually 18 or older) who are not your agent and not related to you by blood or marriage. Some states do not allow your doctor, nurse, or caregiver to be a witness. Read your state's rules carefully—if you sign without the right number of witnesses, the power of attorney may not be valid.
A few states have additional rules. Some require the notary to write a statement at the end of the document (called a notarial certificate) confirming that you signed it. Others require the power of attorney to be recorded at your county recorder's office if it involves real estate. Your state bar association's website will list these requirements for your state.
Choosing your agent and what to tell them
Your agent should be someone you trust completely—they will have the power to spend your money, make medical decisions, or both. Many people choose a spouse, adult child, or close friend. You can name more than one agent, but that creates complications: if you name two agents and they disagree, neither can act without the other's permission, which can delay decisions when speed matters.
Tell your agent that you have named them and where you have stored the document. Give them a copy. Explain what powers you have given them and what you expect them to do. If your power of attorney is springing (takes effect only if you become unable to decide), tell your agent how they will know when that moment has come—for example, "when my doctor says I can no longer manage my finances."
You can also name an alternate agent who steps in if your first agent dies, becomes unable to serve, or refuses the role. This is wise because you cannot predict the future.
The difference between durable and springing powers of attorney
A durable power of attorney stays valid even after you become unable to make decisions for yourself. This is the most common type because it solves the main problem people worry about: what happens to my bills and medical care if I have a stroke or develop dementia? A durable power of attorney lets your agent step in and handle those things without going to court.
A springing power of attorney only takes effect when you become unable to make decisions. Until that moment, it is worthless—your agent cannot use it. The advantage is that you keep full control until something happens. The disadvantage is that someone (usually your doctor) has to declare you unable to decide, which takes time and can be awkward. Springing powers of attorney are less common because they create delays exactly when speed matters most.
Most people choose a durable power of attorney. If you want to limit your agent's power until you actually need them, you can do that by writing a narrow scope of authority rather than by making the power springing.
Special rules for real estate and financial institutions
If your power of attorney will be used to sell, refinance, or transfer real estate, your state may require it to be recorded at the county recorder's office in the county where the property is located. Recording means filing a copy with the government so that the public record shows your agent has authority over that property. Some states require recording; others do not. Ask your real estate agent or title company whether recording is required in your state.
Banks and other financial institutions often have their own power of attorney forms. If you know you will need your agent to access a specific bank account or investment account, ask the bank for its form and use that instead of a general template. Banks are more likely to accept their own form than a generic one, and using their form can speed up the process when your agent needs to act.
If you have accounts at multiple banks, you may need separate powers of attorney for each one, or you may be able to use a single general power of attorney. Call each bank and ask what they require.
When to update or revoke your power of attorney
A power of attorney stays valid until you revoke it (cancel it), you die, or your agent dies or becomes unable to serve. If your agent dies or you no longer trust them, you should revoke the power of attorney in writing and notify anyone who has a copy. To revoke, write a straightforward letter stating that you are canceling the power of attorney, sign it, have it notarized, and give copies to your agent and to any bank or institution that has the original.
You should also update your power of attorney if your circumstances change significantly—for example, if you get married or divorced, if you acquire substantial new assets, or if your agent moves out of state. A new power of attorney with updated information is clearer and less likely to be questioned than an old one with amendments written in the margins.
Keep the original signed, notarized power of attorney in a safe place—a safe deposit box, a home safe, or with your attorney. Give copies to your agent and to anyone else who might need to see it (your bank, your doctor, your family). Do not keep it in a place where no one can find it after you die or become unable to decide.
Frequently Asked Questions
Can I write a power of attorney without a lawyer?
Yes. You can read a template for your state, fill it in, sign it in front of a notary with the required witnesses, and it will be valid. A lawyer is not required. However, if your situation is complicated—for example, you own a business, have a blended family, or have substantial assets—talking to a lawyer before you write it can save problems later.
What happens if I sign a power of attorney but do not have it notarized?
It will not be valid. Every state requires a notary's signature. If your agent tries to use an unnotarized power of attorney, banks and other institutions will reject it. You must have it notarized to make it legal.
Can my agent use the power of attorney after I die?
No. A power of attorney ends when you die. After death, your will and your estate's executor take over. If your agent tries to use the power of attorney after you have died, they are acting without legal authority and can be held liable.
What if I change my mind about who my agent is?
Write a new power of attorney naming a different agent, sign it, have it notarized, and distribute copies to anyone who has the old one. Then revoke the old power of attorney in writing and have that revocation notarized as well. Keep both documents—the new one and the revocation—so there is a clear record of what happened.
Do I need a separate power of attorney for medical decisions and financial decisions?
Not necessarily. You can grant both types of authority in a single document. However, some people prefer to name one person to handle finances and a different person to handle medical decisions. If you do that, you will need two separate powers of attorney, one for each agent.