What You Need to Do Before You Write

Writing a power of attorney (POA) yourself is possible, but it requires you to make clear decisions about who will act on your behalf and what powers you are giving them. Before you put anything on paper, you need to decide three things: whether you want a general POA (broad powers across finances and property), a limited POA (powers for one specific task, like selling a house), or a healthcare POA (medical decisions only). You also need to name your agent — the person who will act for you — and decide whether the POA takes effect when ready or only if you become unable to make decisions yourself (called a springing POA).

Your state has specific rules about what language must appear in the document, how it must be signed, and whether it needs to be notarized or witnessed. A POA that does not follow your state's rules may not be accepted by banks, healthcare providers, or government agencies. Before you write, check your state's requirements — most state bar associations publish templates or summaries online, and many state government websites have them too.

If the POA involves real estate, healthcare decisions, or large sums of money, consider having an attorney review it before you sign. The cost of a review (usually $100 to $300) is often less than the cost of fixing a document that does not work when you need it.

Key Takeaways

  • Your state's laws determine what language must be in the document, how many witnesses you need, and whether a notary must sign it.
  • You must name a specific person as your agent and clearly state what powers you are giving them — general, limited to one task, or healthcare only.
  • The document must be signed and dated by you in front of the required number of witnesses or a notary, depending on your state and the type of POA.
  • Banks and healthcare providers often have their own POA forms; asking them first can save you from writing a document they will not accept.
  • A POA is not the same as a will — it covers decisions while you are alive, not what happens to your property after you die.

Get Your State's Template or Requirements

The fastest way to write a valid POA is to start with a template from your state. Many states publish free templates on their attorney general's website or their state bar association website. Search "[your state] power of attorney template" or "[your state] POA form" to find what your state provides.

If your state does not have an official template, look for a summary of your state's POA requirements. This will tell you what language must appear, how many people must witness the signing, whether a notary is required, and whether the document needs to be recorded (filed with a county office). Some states require different rules for healthcare POAs than for financial POAs, so check both if you need both types.

If you cannot find your state's requirements online, call your county clerk's office or your state bar association — they can point you to the right form or document. Do not rely on a template from another state, because the language and signing requirements may not be valid where you live.

Decide What Powers Your Agent Will Have

A general POA gives your agent broad power to handle your finances, property, and legal matters — signing checks, selling real estate, managing investments, paying bills, and filing taxes. Use this if you want one person to handle most or all of your affairs. A limited POA restricts your agent to one specific task: selling a particular house, managing a bank account, or handling a single business deal. Use this when you need help with one thing only.

A healthcare POA (sometimes called a healthcare proxy or medical POA) gives your agent power to make medical decisions — choosing doctors, approving surgery, deciding on life support — but no power over money or property. You can have both a financial POA and a healthcare POA with different agents if you want.

Write down exactly what powers you want your agent to have. If you are writing a limited POA, be specific: "power to sell the property at 123 Main Street" is clearer than "power to handle real estate." If you are writing a general POA, your state's template will list the standard powers (banking, real estate, taxes, legal matters); you can cross out any you do not want to give.

Name Your Agent and Decide When the POA Takes Effect

Your agent (also called an attorney-in-fact) must be someone you trust completely — they will have real power to spend your money or make decisions for you. Most people name a spouse, adult child, or close family member. You can name more than one agent, but this can cause problems if they disagree; most people name one agent and one or two alternates who take over if the first agent cannot or will not serve.

Decide whether the POA is when ready (your agent can act right away) or springing (your agent can act only if you become unable to make decisions). An when ready POA is simpler and works better if you need your agent to act soon. A springing POA protects your privacy — your agent cannot act unless a doctor says you are incapacitated — but it can cause delays and arguments about whether you are actually unable to decide. Your state's template will show you how to write both types.

Write your agent's full legal name and address in the document. If you are naming alternates, list them in order — the second agent steps in if the first cannot serve, and so on.

Follow Your State's Signing and Witnessing Rules

A POA is only valid if it is signed and witnessed (or notarized) the way your state requires. Most states require you to sign the document in front of one or two witnesses, or in front of a notary public. Some states require both. A few states have different rules for healthcare POAs than for financial POAs.

Your witnesses must usually be adults who are not related to you and who do not stand to gain money or property from the POA. Do not use your agent as a witness. Do not use your spouse, your children, or anyone who works for you. The witnesses watch you sign, sign the document themselves, and may have to write down their addresses and the date.

If your state requires a notary, the notary will watch you sign, check your ID, and sign and stamp the document. A notary costs $5 to $20 and can be found at most banks, UPS stores, or law offices. If your state requires both witnesses and a notary, you will need to gather all three at the same time.

Do not sign the document until you have your witnesses or notary present. A POA that is signed but not witnessed or notarized the right way may not be accepted.

Check With Banks and Healthcare Providers First

Before you finish writing your POA, ask the banks, investment firms, or healthcare providers you use whether they have their own POA forms. Many large banks and hospitals will not accept a general POA you write yourself — they want you to use their form instead. If you write a POA and then find out your bank will not accept it, you will have wasted time and may need to write a second one.

Call the bank's customer service line or ask at a branch. Say you are writing a power of attorney and ask whether they have a form you should use. If they do, ask them to mail it to you or send it by email. Fill out their form instead of (or in addition to) your own POA. Some people write a general POA for most matters and also sign the bank's form for that specific bank account.

The same applies to healthcare. If you have a regular doctor or a hospital where you receive care, ask whether they have a healthcare POA form. Many do, and they may not accept a POA you write yourself.

Store and Share Copies of Your Finished POA

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

Tell your agent where the original is kept and how to access it if needed. If your POA is springing (takes effect only if you are incapacitated), tell your agent how to prove you are incapacitated — which doctor will make that decision, or what paperwork they will need.

A POA does not need to be recorded (filed with a county office) unless your state requires it for a specific type of POA, or unless it involves real estate in some states. Check your state's rules to see whether recording is required or recommended.

Frequently Asked Questions

Can I write a POA on a blank piece of paper, or does it have to be on a special form?

Your state's law determines this. Some states accept a POA written on any paper as long as it has the right language and is signed and witnessed correctly. Other states require you to use a specific form or follow a specific format. Check your state's requirements before you write anything. Using your state's official template is the safest choice.

What if I want to change my POA after I sign it?

You can write a new POA that replaces the old one, or you can write an amendment (called a codicil) that changes specific parts. The new or amended document must be signed and witnessed or notarized the same way as the original. Tell your agent, your bank, and your doctor that you have a new POA and ask them to destroy the old copy.

Does my agent have to be a lawyer?

No. Your agent can be anyone you trust — a family member, a friend, or a professional like an accountant or financial advisor. If you choose someone who is not a lawyer, make sure they understand what the POA says and what powers you are giving them. You can also hire a professional to act as your agent if you want.

What happens to my POA if I move to a different state?

A POA written in one state may not be valid in another state. If you move, check whether your current POA is valid in your new state. If not, you will need to write a new one that follows your new state's rules. Some people write a POA that is valid in multiple states, but this is complicated — ask an attorney if you think you may move.

Is a POA the same as a will?

No. A POA gives someone power to act for you while you are alive. A will says what happens to your property after you die. You need both documents if you want to plan for both situations. A POA ends when you die; a will takes effect after you die.