The difficulty depends on whether someone contests it and whether you have a lawyer

Getting power of attorney is straightforward if the person granting it is willing, mentally sound, and no one challenges the document. You can complete an uncontested power of attorney in a few days to a few weeks, often without a lawyer. The real difficulty comes if the person granting power is incapacitated, if family members dispute your authority, or if you need a court to intervene — those situations can take months and cost thousands in legal fees.

The easiest path is a durable power of attorney signed while the person is still able to make decisions. They sign a form, you get it notarized (usually at a bank or notary's office for $5 to $15), and it is done. Many states let you use a template from a legal website or a form book. The hard part is not the paperwork — it is convincing the person to sign it while they still can, and then proving to banks and institutions that your authority is real.

Key Takeaways

  • An uncontested power of attorney signed by a willing person takes days to weeks and costs $0 to $300 if you use a template and notary, or $500 to $1,500 if you hire a lawyer to draft it.
  • If the person is already incapacitated and never signed a power of attorney, you must go to court to get guardianship or conservatorship, which takes months and costs $2,000 to $5,000 or more.
  • Banks and other institutions often demand proof that your power of attorney is still valid, which means getting certified copies and sometimes having a lawyer write a letter confirming your authority.
  • Family disputes over whether you should have power of attorney can drag the process into court even if the document is signed, turning a straightforward task into a contested legal battle.

What makes power of attorney straightforward: the uncontested path

If the person granting power of attorney is mentally competent, willing to sign, and no one in the family objects, the process is genuinely straightforward. You can read a template from your state's bar association website, a legal document service, or a form book. The person reads it, understands it, signs it in front of a notary, and it is valid. Most notaries are available at banks, UPS stores, or online notary services. The whole thing takes an afternoon.

The cost is minimal if you do it yourself. A notary charges $5 to $15 per signature. If you use an online legal service like LegalZoom or Nolo, you might pay $50 to $300 depending on the state and the type of power of attorney. If you hire a lawyer to draft and oversee the signing, expect $500 to $1,500. Many people choose the lawyer route because it creates a clear record that the person was of sound mind when they signed, which protects you later if anyone questions the document.

What makes it hard: incapacity without a signed document

The difficulty spikes sharply if the person never signed a power of attorney and is now incapacitated — whether from dementia, stroke, accident, or illness. You cannot create a power of attorney for someone who cannot understand what they are signing. Instead, you must go to court and ask a judge to appoint you as guardian (for personal decisions) or conservator (for financial decisions), or both.

This process is slow and expensive. You file a petition with the court, notify the person and their relatives, and often attend a hearing. The person may have a lawyer appointed to represent their interests. The court investigates whether you are fit to manage their affairs. In some states, the person has the right to contest the guardianship, which means a trial. The whole process typically takes two to four months, sometimes longer. Court fees, lawyer fees, and investigation costs add up to $2,000 to $5,000 or more, depending on the state and whether anyone objects.

What makes it hard: family disputes and challenges

Even if the document is signed and notarized, a family member can challenge it. They might claim the person was not of sound mind, that you coerced them, or that the document does not reflect their wishes. If a challenge reaches court, you may need a lawyer to defend your authority, which costs $1,500 to $5,000 or more depending on how contested the case becomes.

Challenges are more likely if the family is already fractured, if large sums of money are involved, or if the person granting power of attorney is elderly or ill. Even if you ultimately win, the process is stressful and can take months. Some families settle disputes by having the person sign the power of attorney in front of a lawyer and a doctor, both of whom can testify later that the person was mentally competent. This adds cost upfront but reduces the risk of a successful challenge.

How institutions make it harder: proving your authority

You have a signed, notarized power of attorney. You walk into a bank to access the account. The bank asks for proof that the document is still valid, that the person has not revoked it, and that they are still alive. Banks and investment firms have their own rules about what they will accept. Some want a certified copy of the power of attorney. Some want a letter from a lawyer confirming your authority. Some want a new power of attorney form specific to their institution.

This is not a legal barrier — it is a practical one. You may need to hire a lawyer to write a letter or to obtain certified copies from the court. You may need to contact the person's doctor to confirm they are still alive and still incapacitated. Large financial institutions sometimes move slowly, and you may wait weeks for approval. If the power of attorney is old (more than a few years), some institutions will not honor it without a fresh one signed by the person, which may no longer be possible if they are incapacitated.

State-by-state differences in difficulty

The ease of getting power of attorney varies by state. Some states have straightforward, one-page forms that are widely accepted. Others require specific language or notarization by a particular type of notary. Some states let you file the power of attorney with the court to create an official record, which makes it easier to prove later. Others do not.

If you are dealing with property in multiple states, the difficulty multiplies. A power of attorney valid in one state may not be accepted in another. You may need separate powers of attorney for each state, or you may need to go through a court process in the second state to have the first state's document recognized. This is one reason people hire lawyers — a lawyer familiar with your state's rules can draft a document that will be accepted everywhere and will hold up if challenged.

When to hire a lawyer and when to do it yourself

Do it yourself if the person is willing and mentally sound, the family is not fractured, and the stakes are modest. A template and a notary are enough. You save money and the process takes days.

Hire a lawyer if any of these explore: the person is already incapacitated, the family is likely to dispute your authority, large sums of money or property are involved, the person owns property in multiple states, or you want a clear record that the person was of sound mind. A lawyer costs $500 to $1,500 upfront but can save you thousands in court costs and legal battles later. A lawyer can also advise you on whether you need a durable power of attorney, a springing power of attorney (one that takes effect only if the person becomes incapacitated), or both.

Frequently Asked Questions

Can I get power of attorney if the person is already in a coma or has advanced dementia?

No. Power of attorney requires the person to understand what they are signing and to sign it willingly. If they cannot do that, you must go to court and ask for guardianship or conservatorship instead. This is a longer, more expensive process, but it is the only legal way to manage their affairs.

How long does a power of attorney last?

A durable power of attorney lasts until the person dies or revokes it, even if they become incapacitated. A non-durable power of attorney ends if the person becomes incapacitated. Most people use durable power of attorney because it continues to work when they need it most. You should check your state's rules, as some states have specific renewal requirements.

Can someone challenge a power of attorney after the person dies?

Yes. An heir or beneficiary can challenge it in probate court, claiming the person was not of sound mind or that you coerced them. This is why having a lawyer present at the signing, and having the person's doctor confirm competence, protects you. If you expect a challenge, do this before the person dies.

Do I need a lawyer if I am the only family member and everyone agrees?

Not necessarily. If the person is willing, mentally sound, and no one objects, a template and a notary are enough. But a lawyer adds a layer of protection by creating a record of competence and by making sure the document will be accepted by banks and institutions. The cost is usually $500 to $1,000, which is cheap insurance if the alternative is a court battle later.

What if the bank will not accept my power of attorney?

Ask the bank what they need. Some want a certified copy, some want a letter from a lawyer, some want their own form signed by the person. If the person is still competent, have them sign the bank's form. If they are not, you may need a lawyer to write a letter or to petition the court for guardianship. Do not assume the bank is right to refuse — some banks are overly cautious, and a lawyer can sometimes persuade them to accept the original document.