What you need to do to sign a power of attorney document
You sign a power of attorney (POA) document the same way you sign any legal paper: in front of a notary public, with the person who is granting you the power present and mentally capable. The document itself must be signed by the person giving the power — called the principal — not by you. Your role is to witness the signing or, in some states, to have the document notarized after the principal signs it. If you are being named as the agent (the person who will act on the principal's behalf), you may need to sign a separate section acknowledging that you accept the role, but this happens after the principal has already signed.
The exact steps depend on your state's rules and the type of POA. Some states require a notary only. Others require one or two witnesses in addition to a notary. A few states allow a POA to be signed without a notary if witnesses are present. You cannot sign the document on behalf of the principal — that would make the document invalid and could expose you to legal liability.
Key Takeaways
- The principal (the person granting power) must sign the POA document themselves; you cannot sign it for them, even with their permission.
- Most states require the principal's signature to be notarized, and some also require one or two witnesses to be present during signing.
- You may need to sign a separate agent acknowledgment section after the principal signs, confirming you accept the role.
- The principal must be mentally competent and understand what they are signing at the moment they sign it.
- Get a certified copy of the signed, notarized document from the notary or attorney; originals are often needed for banks and government offices.
The principal must sign in front of a notary
The person granting the power of attorney — the principal — must sign the document in the presence of a notary public. The notary's job is to verify that the principal is who they say they are (by checking a photo ID), that they are signing of their own free will, and that they appear to understand what they are signing. The notary then stamps and signs the document, which makes it legally binding in most situations.
You do not need to be present for this step, though you may be. The principal can go to a notary alone, or with family, a lawyer, or anyone else. The notary will ask the principal to sign in front of them and will ask basic questions to confirm the principal understands the document. If the principal is confused, unable to communicate, or appears to be under pressure, the notary may refuse to notarize the document.
Notaries are available at banks, law offices, UPS stores, and some libraries. Many charge $5 to $15 per signature. Some attorneys who draft POA documents will notarize for free as part of their service.
Some states require witnesses in addition to a notary
A handful of states require one or two disinterested witnesses to be present when the principal signs. A disinterested witness is someone who has no financial stake in the outcome and is not related to the principal by blood or marriage. This typically means a friend, neighbor, or colleague — not a spouse, child, or the agent named in the document.
If your state requires witnesses, they must watch the principal sign and then sign the document themselves, usually on a separate witness page. The notary is still required in most cases. Check your state's specific rules before the signing takes place, because missing a witness requirement can make the entire document invalid.
Your state's bar association website or the Secretary of State's office can tell you whether witnesses are required and how many. Some states post a sample POA form online that shows you exactly what the document should look like when it is properly signed.
You may need to sign an agent acknowledgment
After the principal has signed and the document has been notarized, you may be asked to sign a separate section called an agent acknowledgment or agent acceptance. This is not required in every state, but when it is, it confirms that you understand your duties as the agent and that you accept the role. You do not need a notary for this step in most cases, though some states do require it.
The acknowledgment typically states that you understand you have a legal duty to act in the principal's best interest, that you cannot use the power for your own benefit, and that you may be held liable if you misuse the power. Signing this section protects both you and the principal by creating a clear record that you knew what you were agreeing to.
Get certified copies of the signed document
After the principal and notary have signed, ask the notary for multiple certified copies of the complete document. A certified copy is a photocopy that the notary has stamped and signed, confirming it is a true copy of the original. Banks, government offices, and healthcare providers often will not accept a regular photocopy — they want a certified copy or the original.
Order at least three to five certified copies, because you will likely need to show the POA to multiple institutions (your bank, the principal's bank, their employer, their healthcare provider, and possibly others). Each one may want to keep a copy on file. If you run out, you can go back to the notary and request more, though there may be an additional fee.
If an attorney drafted the POA, ask them to provide certified copies as well. Some attorneys keep the original on file and provide you with certified copies automatically.
What happens if the principal cannot sign
If the principal is physically unable to sign (due to paralysis, severe arthritis, or another condition), most states allow them to direct someone else to sign their name on their behalf. This is called a signature by mark or signature by proxy. The principal must still be mentally competent and must direct the other person to sign. The notary will note in the document that the principal directed another person to sign because they are physically unable to do so.
If the principal is mentally incapable of understanding the document, a POA cannot be signed. In that situation, the only legal option is usually a guardianship or conservatorship, which requires a court order. This is a more expensive and time-consuming process, but it is the only way to gain legal authority over someone's affairs if they cannot understand what they are signing.
Understand your duties as the agent
Once you sign as the agent, you have a legal duty to act in the principal's best interest. This means you cannot use the power for your own benefit, you must keep accurate records of any money or property you handle, and you must follow the instructions in the POA document. If the principal later claims you misused the power, you may have to prove in court that you acted properly.
Different types of POA carry different responsibilities. A financial POA gives you control over money and property. A healthcare POA gives you the right to make medical decisions. A limited POA restricts your power to specific tasks or a specific time period. Read the document carefully and understand exactly what power you have been given before you sign.
If you are unsure about your duties or the scope of your power, consult an attorney before you act. The cost of a brief consultation is usually much less than the cost of defending yourself against a claim that you misused the power.
Frequently Asked Questions
Can I sign a power of attorney document if the principal is in the hospital or homebound?
Yes. A notary can travel to the principal's location — a hospital, nursing home, or private residence — to notarize the document. Some notaries charge a travel fee in addition to the notarization fee. You can search for mobile notaries in your area online or ask the principal's bank or attorney for a referral.
What if the principal changes their mind after signing?
The principal can revoke the POA at any time by signing a written revocation and notarizing it, or by destroying all copies of the document. They should notify you, the notary, and any institution that has a copy. Once revoked, you no longer have any legal power to act on the principal's behalf.
Do I need a lawyer to sign a power of attorney?
No, but an attorney can draft the document and may support it meets your state's requirements. If you use a template or a form from your state bar association, you can have it notarized without a lawyer. However, if the situation is complex — for example, if the principal has significant assets or multiple properties — an attorney's help is worth the cost.
What if I sign as the agent but later want to step down?
You can resign as the agent by sending a written resignation to the principal and to anyone who has a copy of the POA (banks, healthcare providers, and so on). The principal can then name a successor agent or handle their own affairs. Resignation does not require a court order, but it should be in writing and delivered to all relevant parties.
Can the principal sign a POA if they have dementia?
Only if they still understand what they are signing at the moment they sign it. A notary will assess whether the principal appears competent. If there is any doubt, the notary may refuse to notarize the document. If dementia is advanced, a guardianship or conservatorship through the court system may be the only legal option.