What You Need to Do Before You Start Writing

A power of attorney document is not something you fill in blanks on and sign. You have to decide what powers you are giving away, who gets them, and under what conditions—then put those decisions into language a court will recognize. Most people need a lawyer to do this correctly, because a mistake can make the document unenforceable or give your agent powers you did not intend.

Before you write anything, sit down and answer three questions: What specific decisions do you want your agent to make on your behalf? (Pay bills? Sell property? Make medical choices?) When should those powers start—now, or only if you become unable to decide for yourself? And who do you trust enough to give this power to? The answers to these questions determine what kind of document you need and how it gets written.

If you are doing this yourself without a lawyer, your state's bar association or secretary of state office publishes a blank form that meets your state's legal requirements. Using your state's official form is the safest path if you cannot afford a lawyer. Using a generic form from the internet or a template from another state often does not work.

Key Takeaways

  • Your state publishes an official blank power of attorney form that meets all legal requirements; using it is safer than a generic template.
  • You must name your agent, describe exactly what powers you are giving them, and decide whether the document takes effect now or only if you become unable to decide for yourself.
  • Most states require your signature to be notarized in front of a notary public, and some require witnesses as well.
  • A lawyer can review your completed form before you sign it, which costs less than having them draft it from scratch.
  • Once signed and notarized, you give copies to your agent, your bank, your doctor, and anyone else who will need to honor it.

Finding Your State's Official Form

Go to your state's secretary of state website or your state bar association website and search for "power of attorney form." Most states post a blank PDF you can read and print. Some states have separate forms for financial powers of attorney and healthcare powers of attorney—read the description carefully so you get the right one.

If you cannot find the form online, call your county clerk's office or your state bar association and ask them to mail you the official form. Do not use a form from another state, because power of attorney rules vary and a form that is legal in one state may not be recognized in another.

Filling in the Agent and Powers Section

The first blank asks for your agent's name, address, and phone number. Your agent is the person you are giving power to act on your behalf. Write their legal name exactly as it appears on their ID. You can name a second agent to step in if the first one cannot or will not serve, but make clear whether they act together or one after the other.

Next comes the powers section. This is where you list exactly what your agent can do. A financial power of attorney might include "pay my bills," "manage my bank accounts," "sell my house," or "file my taxes." A healthcare power of attorney might include "make medical decisions if I cannot," "talk to my doctors," or "decide about life support." Do not write vague language like "handle my affairs." Write specific actions. If you want your agent to do everything, your form probably has a checkbox for "all powers" or "general powers"—use that instead of trying to list everything.

Some forms let you limit when the powers take effect. A durable power of attorney stays in effect even if you become unable to make decisions yourself. A springing power of attorney only takes effect if a doctor says you cannot make decisions. Springing powers are more complicated because someone has to certify that you are incapacitated, so most people choose durable. Read your form's language carefully to see which one you are creating.

Adding Dates and Restrictions

Write the date you are signing the document. Some forms ask when the powers should end—for example, "this power of attorney ends on January 1, 2030" or "this power of attorney ends when I revoke it in writing." If you do not set an end date, the powers continue until you revoke them or you die.

If you want to restrict your agent's power—for example, "my agent can pay my bills but cannot sell my house" or "my agent can access my bank account but only to withdraw up to $500 per month"—write those restrictions clearly in the space provided. Do not assume your agent will follow restrictions you mention verbally; they have to be in the document.

Signing and Getting the Document Notarized

You must sign the document in front of a notary public. A notary is someone licensed by your state to witness signatures and verify that you are who you say you are. You can find notaries at banks, law offices, UPS stores, and some pharmacies. Bring a photo ID. The notary will watch you sign, check your ID, and then sign and stamp the document themselves.

Some states also require witnesses—usually two people who are not your agent and not related to you by blood or marriage. Check your state's form to see if witnesses are required. If they are, have them sign in front of the notary at the same time you do.

Do not sign the document before you see the notary. A signature that is not notarized in front of the notary does not count. The notary has to see you sign it.

What to Do After You Sign

Make several copies of the signed, notarized document. Give one to your agent so they know what powers they have. Give copies to your bank, your investment firm, your insurance company, and your doctor—anyone who might need to honor the power of attorney. Keep one copy for yourself in a safe place, and consider giving one to a trusted family member in case you need to find it quickly.

Tell your agent where you are keeping the original document and how to find it. If your agent cannot locate the document when they need it, they cannot use it. Some people keep the original in a safe deposit box, but that can make it hard for your agent to get it quickly if you are in the hospital. A fireproof safe at home or with your lawyer is often better.

If you change your mind about who your agent is or what powers they have, you can revoke the power of attorney by signing a revocation form (your state's bar association publishes one) and notarizing it. Give copies of the revocation to everyone who has a copy of the original power of attorney.

When to Hire a Lawyer Instead

If your finances are complicated—you own a business, you have significant investments, you own property in more than one state—a lawyer should draft your power of attorney. The same is true if you want to set up conditions for when the power takes effect, or if you want to restrict your agent's power in ways that are not straightforward.

A lawyer can also review a form you have filled out yourself before you sign it, which costs less than having them draft it from scratch. Many lawyers charge $100 to $300 to review a completed form. That is money well spent if it catches a mistake that would make the document unenforceable.

Frequently Asked Questions

Can I use a power of attorney form from the internet instead of my state's official form?

You can, but it may not be recognized by banks, doctors, or courts in your state. Your state's official form is designed to meet your state's legal requirements. Using it takes the same amount of time and costs nothing, so there is no reason to take the risk with a generic form.

What happens if I sign the power of attorney but do not get it notarized?

Most institutions will not honor it. Banks, doctors, and courts usually require the notary's signature and seal to prove the document is real. Without notarization, your agent cannot use it, even if your signature is genuine.

Can I give my power of attorney to more than one person?

Yes. You can name two or more agents and decide whether they have to agree on decisions or can act separately. Be clear about this in the document, because confusion about whether agents must act together can cause delays or disputes.

Does my agent have to be a family member?

No. Your agent can be a friend, a professional fiduciary, or a lawyer. Choose someone you trust completely, because your agent has broad power to make decisions on your behalf. You can also name a professional agent if you do not have a family member you trust.

What if I want different agents for financial decisions and medical decisions?

You need two separate documents: a financial power of attorney and a healthcare power of attorney (also called a healthcare proxy or medical power of attorney). Your state's bar association publishes separate forms for each. You can name different people as agents in each document.