What goes on a power of attorney form

A power of attorney form has five main sections: your name and address (the principal), the person you are naming to act for you (the agent), what powers you are giving them, when the document takes effect, and your signature with a witness or notary. The exact layout and required fields depend on your state — some states have a standard form, and others let you use any document that meets state law.

Before you start filling anything in, you need to know whether you want a durable power of attorney (one that stays valid if you become unable to make decisions) or a non-durable one (which ends if you lose mental capacity). You also need to decide whether it takes effect when ready or only if you become incapacitated — this is called a springing power of attorney. These choices change what language goes in the document.

Most people filling out a power of attorney do so with a template from their state bar association, a legal document service, or an attorney. If you are using a template, it will have blanks for the information below. If you are writing one from scratch, you will need to include all of it.

Key Takeaways

  • Your state may have a standard power of attorney form — check your state bar association website or secretary of state office before you buy a template elsewhere.
  • You must name yourself (the principal), the person acting for you (the agent), and list the specific powers you are granting, not just "all powers."
  • The document must be signed and dated by you in front of a witness or notary public; requirements vary by state and by whether the power of attorney covers real estate.
  • If you want the power of attorney to survive your incapacity, the form must include the word "durable" or language stating it survives your disability.
  • Once signed and witnessed, keep the original in a safe place and give copies to your agent and to any bank or institution that will need to see it.

Fill in your name, address, and agent information

At the top of the form, write your full legal name, address, and date of birth. This is the "principal" section — you are the person granting the power. Use the name exactly as it appears on your driver's license or other official documents, not a nickname or shortened version.

Next, fill in the agent's full legal name, address, and phone number. This is the person you are authorizing to act on your behalf. You can name more than one agent (called co-agents), but if you do, the form should say whether they act together or separately. Acting together means both must sign documents; acting separately means either one can act alone. Most people choose separately so one agent can act if the other is unavailable.

If you want to name a backup agent (called an alternate or successor agent) who takes over if your first agent dies or cannot serve, fill in that person's information in the alternate agent section. This is optional but common.

List the specific powers you are granting

This section is where you describe exactly what your agent can do. Do not write "all powers" — state law in most states requires you to list powers specifically or check boxes next to pre-written powers. Common powers include the right to access bank accounts, sell property, file taxes, manage investments, and make healthcare decisions. Some forms separate financial powers from healthcare powers because they are often handled by different agents.

Read through the list carefully. If the form offers checkboxes, check only the boxes for powers you actually want your agent to have. If you are writing the powers yourself, be as specific as possible: instead of "manage my finances," write "deposit and withdraw funds from my checking account at [Bank Name], account ending in [last four digits]." The more specific you are, the fewer questions banks and other institutions will ask when your agent tries to use the power.

If there is a power listed that you do not want your agent to have, leave that box unchecked or cross it out and initial the change. Some forms include a section for powers you are specifically excluding — use it if the form provides one.

Choose when the power of attorney takes effect

Decide whether you want the power of attorney to be when ready (your agent can use it right away) or springing (it only takes effect if you become incapacitated). If you choose springing, the form must define what "incapacitated" means — usually a letter from your doctor saying you cannot make decisions, or a court information.

Most people choose when ready if they need their agent to handle things right away (for example, if they are traveling or ill). Choose springing if you want your agent to have power only as a backup, in case something happens to you. Springing powers are more complicated because institutions may ask for proof of incapacity before honoring them.

Write the effective date on the form. If it is when ready, use today's date or the date you plan to sign. If it is springing, write the date you sign it, and the form will note that the power activates only upon incapacity.

Add language for durability if you need it

If you want the power of attorney to survive your incapacity — meaning your agent can still act even if you are declared mentally unable to make decisions — the form must say so explicitly. Look for a section labeled "Durable Power of Attorney" or language that reads: "This power of attorney shall not be affected by the principal's subsequent incapacity."

If the form does not include this language and you want a durable power, you will need to add it yourself or use a different form. This is one reason checking your state bar association's template first is important — their form will have the correct language for your state already built in.

If you do not want the power to survive your incapacity, make sure the form does not include durable language, or cross it out and initial the change.

Sign and have the document witnessed or notarized

Sign and date the form in front of a witness or notary public. Your state law determines which is required. Some states require one witness, some require two, and some require a notary instead. A few states accept any combination. Check your state bar association or secretary of state website to confirm what your state requires.

A witness must be someone who knows you, is at least 18 years old, and is not your agent or related to your agent. The witness watches you sign, signs the form themselves, and writes their address. A notary is a person licensed by your state to verify identity; you will need to show a photo ID, and the notary will sign and stamp the form.

Do not sign the form before you are in front of the witness or notary. If you sign it ahead of time, it may not be valid. Some states also require that your agent sign the form to acknowledge they accept the role, though this is less common.

Make copies and store the original safely

Once the form is signed and witnessed or notarized, make several copies. Keep the original in a safe place — a safe deposit box, home safe, or with your attorney. Give copies to your agent, your doctor, your bank, and anyone else who may need to see it.

Some institutions will ask to see the original to verify the signature and witness information. Others will accept a certified copy (a copy stamped by a notary as a true copy of the original). Ask each institution what they need before you hand over copies.

If you need to change the power of attorney later, do not write on the original or the copies. Instead, create a new power of attorney document that revokes the old one. This prevents confusion about which version is current.

Frequently Asked Questions

Can I fill out a power of attorney form myself without a lawyer?

Yes. You can use a template from your state bar association, a legal document service, or an online form. The key is making sure the form meets your state's requirements for signature, witness, and language. If the power of attorney will cover real estate or large financial decisions, many people choose to have an attorney review it to avoid mistakes that could make it invalid.

What if I make a mistake while filling out the form?

If you notice a mistake before you sign, cross it out, write the correction, and initial and date the change. If you discover a mistake after signing, do not try to fix the original. Instead, create a new power of attorney that revokes the old one and includes the correct information. This keeps the document clear and legally sound.

Do I need to record or file the power of attorney with the court?

Not usually. A power of attorney is valid once it is signed and witnessed or notarized. However, if the power of attorney covers real estate, some states require you to record it with the county recorder's office where the property is located. Check your state law or ask your county recorder's office whether recording is required.

Can my agent use the power of attorney before I give them a copy?

No. Your agent needs a copy of the signed, witnessed or notarized form to show to banks, government offices, or other institutions. They cannot act on your behalf without proof that you have granted them the power. Give your agent a copy as soon as the form is complete.

What happens to the power of attorney if I die?

The power of attorney ends when you die. Your agent no longer has authority to act. At that point, your will or the laws of your state determine who manages your estate. If you want someone to handle your affairs after death, you need a will or a trust, not a power of attorney.