The basic steps to become a power of attorney
To become a power of attorney, you and the person giving you authority (called the principal) must work together to create a legal document that names you as their agent. The principal signs this document in front of a notary public or witnesses, depending on your state's rules. You do not explore to a court or government office — the principal straightforward decides to grant you this authority, and the document makes it official.
The process is straightforward if both of you are willing and the principal is mentally capable of understanding what they are doing. If the principal is already incapacitated or unwilling, you would need to go to court instead, which is a different and longer path. This guide covers the voluntary route, where the principal chooses to name you.
Key Takeaways
- The principal (the person granting power of attorney) must sign the document in front of a notary or witnesses; you cannot sign it for them or forge their signature.
- Your state has specific rules about how many witnesses are needed, whether a notary is required, and what language must appear in the document — using a form from your state's bar association or a legal document service reduces mistakes.
- The principal should tell you what powers they want you to have: managing bank accounts, selling property, making medical decisions, or all of these — the document must spell this out.
- Once signed and notarized, the document is effective when ready unless the principal specifies it becomes active only if they become incapacitated (called a "springing" power of attorney).
- Banks, brokers, and healthcare providers may ask to see the original document or a certified copy before they recognize your authority, so keep it safe and get multiple certified copies.
Understand what type of power of attorney fits the situation
Power of attorney comes in different scopes, and the principal decides which one to create. A general power of attorney gives you broad authority over finances and property — you can manage bank accounts, sell real estate, pay bills, and handle most money matters. A limited power of attorney restricts you to specific tasks: for example, selling one house, managing a bank account, or handling a business transaction. A healthcare power of attorney (also called a healthcare proxy or medical power of attorney) lets you make medical decisions if the principal cannot.
Many people create a durable power of attorney, which stays in effect even if the principal becomes mentally incapacitated. Without the word "durable" in the document, the power of attorney ends if the principal loses mental capacity. A springing power of attorney does not take effect until a specific event — usually the principal's incapacity — which requires a doctor's letter confirming incapacity before you can use it.
Talk with the principal about what they actually need. If they want you to handle only their bank account while they travel, a limited power of attorney is cleaner and safer than a general one. If they are aging and want you ready to step in if they have a stroke, a durable springing power of attorney makes sense. The document should match the real situation, not give you more power than necessary.
Get the right form for your state
Each state has different rules about what must be in a power of attorney document and how it must be signed. Some states require specific language; others require a certain number of witnesses or a notary's seal. Using the wrong form can mean banks and hospitals will not recognize your authority.
The safest source is your state bar association's website, which often provides free or low-cost forms that meet your state's legal requirements. Search "[your state] bar association power of attorney form" to find it. If your state bar does not provide a form, legal document services like LegalZoom, Nolo, or Rocket Lawyer offer state-specific templates for a fee (typically $50 to $200). Do not use a generic form from the internet — it may not be valid in your state.
If the principal has significant assets, complex finances, or family conflict, consider hiring a lawyer to draft the document. An attorney can make sure the language is airtight and matches the principal's wishes exactly. This costs more upfront but prevents disputes later.
Gather information and fill out the document
Before you sit down to complete the form, collect the details you will need: the principal's full legal name, date of birth, and address; your full legal name, date of birth, and address; and the names and addresses of any alternate agents (people who step in if you cannot or will not act). You will also need to know which powers the principal wants to grant — financial, healthcare, both, or limited to specific accounts or decisions.
Fill out the form carefully and completely. Leave no blanks unless the form says a section is optional. If the principal wants to limit your authority, write those limits clearly — for example, "Agent may not sell the principal's home" or "Agent's authority is limited to managing the checking account ending in 4567." Ambiguous language creates problems when you try to use the document.
Have the principal read the entire document before signing. They should understand what powers they are granting and to whom. If they do not understand it, do not proceed — a power of attorney signed by someone who does not understand it can be challenged in court later, and you could face legal trouble for accepting it.
Get the document signed and notarized
The principal must sign the document in front of a notary public or witnesses, depending on your state's rules. Most states require a notary; some allow witnesses instead; a few require both. Check your state bar's form or instructions to see what applies to you.
If a notary is required, the principal goes to a notary (banks, law offices, and UPS stores offer notary services for a small fee, usually $5 to $15) and signs in front of them. The notary watches the principal sign, checks their ID, and stamps the document with their seal and signature. This proves the principal signed willingly and is who they say they are.
If witnesses are required instead, the principal signs in front of the number of witnesses your state demands (usually two or three). Witnesses must be adults and, in most states, cannot be family members or people who benefit from the power of attorney. After the principal signs, each witness signs and dates the document, confirming they saw the principal sign and believe the principal understood what they were doing.
Do not sign the document yourself as the agent until after the principal has signed. The principal signs first, then you sign as the agent (if your state's form requires the agent to sign). Keep the original document in a safe place — a safe deposit box, home safe, or with your lawyer.
Provide copies to banks, healthcare providers, and other institutions
Once the document is signed and notarized, it is legally valid. However, banks, brokers, healthcare providers, and other institutions will not act on your authority unless they see proof. You will need to provide them with a copy of the power of attorney document.
Many institutions ask for a certified copy — a photocopy of the original that is stamped and signed by a notary or court clerk, confirming it matches the original. Get several certified copies made when you have the document notarized, because you may need to provide one to each bank, brokerage, hospital, or insurance company. Certified copies cost $1 to $5 each.
Some institutions have their own power of attorney forms and will ask the principal to sign those instead of accepting your state's standard form. This is legal — they are protecting themselves by using language they understand. If this happens, the principal can sign the institution's form in addition to the general power of attorney, or instead of it. Do not sign the institution's form yourself; only the principal can sign it.
Know when you need a court order instead
If the principal is already incapacitated — they have had a stroke, have advanced dementia, or are in a coma — they cannot sign a power of attorney document, because they cannot understand what they are doing. In this situation, you must go to court and ask a judge to appoint you as a conservator or guardian (the terms vary by state). This is a longer process that involves filing paperwork, proving incapacity with a doctor's letter, and sometimes a court hearing.
If the principal is unwilling to sign a power of attorney but you believe they should, you cannot force them. You would again need to go to court and ask for conservatorship or guardianship, which requires proving to a judge that the principal cannot manage their own affairs. This is a more adversarial process and should only be pursued if the principal is truly unable to care for themselves or their finances.
If you are in either of these situations, consult a lawyer who handles elder law or conservatorship in your state. The court process is more complex and varies significantly by state.
Frequently Asked Questions
Can I become power of attorney for someone without their knowledge?
No. The principal must sign the document themselves, and they must understand what they are signing. If you forge their signature or trick them into signing, the document is invalid and you could face criminal charges for fraud. The principal must voluntarily grant you this authority.
What if the principal changes their mind after signing?
The principal can revoke the power of attorney at any time by signing a written revocation and notifying you and any institutions that have a copy. They should also ask you to return the original document. Once revoked, you no longer have authority to act on their behalf.
Do I need a lawyer to create a power of attorney?
Not always. If the situation is straightforward — the principal is mentally capable, the powers are straightforward, and there is no family conflict — a state bar form or legal document service template is usually sufficient. A lawyer is worth the cost if the principal has complex finances, significant assets, or if family members might dispute the document later.
Can I use a power of attorney from another state?
Most states recognize powers of attorney from other states, but some institutions may hesitate. If the principal is moving to a new state or you need to use the document there, ask a lawyer in that state whether you should create a new document under that state's rules. It is safer to have a document valid in the state where you will use it.
What happens to the power of attorney when the principal dies?
The power of attorney ends when ready when the principal dies. You no longer have authority to act on their behalf. If the principal has a will or trust, the executor or trustee takes over managing the estate. Do not use the power of attorney after the principal's death — doing so is illegal.