What you need to do to sign a power of attorney
Signing a power of attorney requires your signature, the signature of your agent (the person you are naming), and in most states, the signatures of one or two witnesses or a notary public. The exact requirements depend on your state and the type of power of attorney you are signing. Some states require notarization only; others require both witnesses and a notary. A few states accept a witnessed signature without notarization for financial powers of attorney, though healthcare powers of attorney almost always need notarization.
The document itself must be signed in front of the witnesses or notary while you are mentally present and aware of what you are signing. You cannot sign it alone and have someone else witness it later. The agent does not always have to sign at the same time you do, though many notaries and witnesses prefer to see both signatures happen together to avoid confusion.
Key Takeaways
- You must sign the power of attorney in front of a notary public, witnesses, or both, depending on your state's rules.
- Your state's requirements are printed in the statute or on the form itself — check your state's power of attorney law before you sign.
- A notary public can be found at banks, UPS stores, law offices, and some government offices, and typically charges $5 to $15 per signature.
- Witnesses must be adults (usually 18 or older) who are not related to you and not named as your agent, and they sign to confirm they saw you sign of your own will.
- Once signed and notarized or witnessed, keep the original in a safe place and give copies to your agent and any institutions that will need to see it.
Check your state's specific signing requirements
Every state has its own rules about how a power of attorney must be signed. Some states require a notary only. Others require one or two witnesses plus a notary. A few allow witnesses without notarization for certain types of powers of attorney. Your state's requirements are usually printed in the statute itself or on the form you are using.
The easiest way to find your state's rules is to look at the power of attorney form you plan to use. Most state bar associations and secretary of state offices publish forms that already include the correct signing language and witness/notary requirements built in. If you are using a form from an online service or a generic template, search "[your state] power of attorney requirements" or check your state's secretary of state website. Do not assume a form from another state will work in yours — some states will not honor out-of-state forms, and others have specific language that must appear on the document.
Gather your witnesses or find a notary
If your state requires witnesses, you will need one or two adults who are not related to you and are not named as your agent. Witnesses must be present while you sign and must sign the document themselves to confirm they saw you sign willingly and that you appeared to understand what you were signing. Some states specify that witnesses cannot be your spouse, your children, or anyone who stands to inherit from you.
If your state requires notarization, you will need to find a notary public. Notaries are available at most banks, UPS stores, FedEx locations, law offices, and some government offices. Many notaries charge $5 to $15 per signature. Call ahead to confirm the notary is available and ask whether they charge extra to notarize a power of attorney (some do). You do not need an attorney to have a document notarized — a notary's job is only to confirm your identity and witness your signature, not to give legal information.
Sign the document in front of witnesses or a notary
Bring the unsigned power of attorney document, your government-issued photo ID, and your witnesses or notary to the signing. You must be mentally present and aware of what you are signing. The notary or witnesses will ask you to confirm that you understand the document and that you are signing it of your own will, without pressure from anyone else.
Sign your name exactly as it appears on your ID. If you use a different name in daily life, sign the name on your ID — consistency matters for institutions that will later see the document. Your agent should also sign at this time if possible, though some notaries will accept the agent's signature at a later date as long as it is notarized separately. Ask the notary or witnesses before you begin whether they prefer both signatures at once.
The notary will stamp and sign the document, or the witnesses will sign and print their names and addresses. Do not leave until this is complete. You need the original signed and notarized (or witnessed) document — photocopies are usually not accepted by banks or other institutions.
Make copies and store the original safely
Once the document is signed and notarized or witnessed, make several photocopies. Keep the original in a safe place — a home safe, a safe deposit box at a bank, or with your attorney. Give a copy to your agent so they know where to find it if they need to use it. You may also want to give copies to your bank, your healthcare provider, or other institutions that might need to see it, though most will not need it unless your agent actually tries to use it.
Tell your agent where the original is kept and how to access it. If you die or become incapacitated, your agent will need to know where to find the document and may need to present it to banks, healthcare providers, or other institutions. Some people keep a copy in their will or with their other important documents so that whoever handles their affairs can find it quickly.
What to do if you made a mistake while signing
If you signed the document but realize you made a mistake — you named the wrong person as your agent, you left out a power you meant to include, or you signed in front of the wrong number of witnesses — do not try to fix it by crossing out or writing on the document. Alterations to a signed power of attorney can make it invalid. Instead, destroy the signed copy and start over with a new blank form.
If the mistake is small and you catch it before the document is notarized, ask the notary to stop. You can cross out the error, initial it, and have the notary notarize the corrected version. But once a document is fully signed and notarized, the safest approach is to create a new document rather than try to amend it.
Frequently Asked Questions
Can my agent sign the power of attorney at a different time than I do?
In most states, yes, but it is simpler if you both sign at the same time in front of the notary. If your agent signs later, their signature usually also needs to be notarized. Check your state's rules or ask the notary whether they will accept a signature from your agent at a later date.
What if I do not have a government-issued photo ID?
A notary will not notarize a document without identifying you. If you do not have a driver's license or passport, you may be able to use a state ID card, tribal ID, or military ID. Call the notary ahead of time to ask what forms of ID they accept.
Do I need an attorney to sign a power of attorney?
No. An attorney is not required to sign a power of attorney, and many people sign them without legal help. However, if you are unsure whether the form is correct for your state or if you want to include unusual powers, an attorney can review it before you sign.
Can I sign a power of attorney online or electronically?
Some states now allow electronic signatures on powers of attorney, but rules vary widely. Check your state's law or ask a notary whether they can notarize an electronically signed document. If you are unsure, signing a paper document in front of a notary is the safest approach.
What happens if the notary or witnesses refuse to sign?
A notary can refuse to notarize a document if they believe you are not mentally competent, if you appear to be under pressure, or if the document is unclear. If this happens, ask the notary why they refused. You can then either correct the problem and try again with a different notary, or consult an attorney about whether the document needs changes.