What you need to do before you write

A power of attorney is a legal document that lets one person (the principal) give another person (the agent) the right to make decisions or handle money on their behalf. Before you write anything, you need to decide three things: what powers you want to give away, who you want to give them to, and whether those powers should start now or only if you become unable to make decisions yourself.

The person you name as your agent should be someone you trust completely — they will have real control over your money, property, or medical choices depending on what you write. Many people name a spouse, adult child, or close family member. Some name a lawyer or professional fiduciary if they have no family they trust or if their finances are complex. You can name more than one agent, but that often creates delays because both have to agree on every decision.

You also need to know what type of power of attorney fits your situation. A general power of attorney gives broad powers over money and property and usually ends if you become incapacitated. A durable power of attorney stays in effect even if you become unable to make decisions — this is what most people want for long-term planning. A healthcare power of attorney (also called a healthcare proxy or medical power of attorney) covers only medical decisions, not money. A limited power of attorney gives power over one specific thing — selling a house, managing a bank account, handling a lawsuit — and nothing else.

Key Takeaways

  • You must write the document yourself, have it notarized, and sign it in front of a notary public — the notary does not write it for you.
  • The document must name the agent clearly, state what powers they have, say whether the power is durable (survives your incapacity), and include your signature and the notary's seal.
  • State law controls what language is required, so a form from your state's bar association or a template from your state is safer than a generic online form.
  • You can revoke a power of attorney at any time by writing a revocation letter, having it notarized, and giving copies to your agent and anyone who has relied on it.
  • The agent's powers begin the moment you sign unless you write that they begin only if a doctor says you cannot make decisions (called a "springing" power of attorney).

Getting a template or form for your state

The safest starting point is a form from your state bar association or your state's government website. Most state bar associations publish free power of attorney forms that follow your state's law. Search "[your state] bar association power of attorney form" or "[your state] government power of attorney template." If your state has an official form, use that — courts and banks recognize it without question.

If you cannot find a state form, a legal document service like LegalZoom or Nolo sells templates for your state for $15 to $50. These are cheaper than hiring a lawyer and they are written to meet your state's requirements. Do not use a generic form from a website that does not specify your state — power of attorney law varies widely, and a form that works in one state may not be valid in another.

If your situation is complicated — you own property in multiple states, you have a blended family, you want to restrict your agent's powers in specific ways — talk to a lawyer. A lawyer will charge $300 to $1,000 to draft a power of attorney, but they can make sure it does what you actually want and will hold up if someone challenges it later.

Filling in the document: the essential parts

Every power of attorney must have these parts. First, a statement that you are creating a power of attorney — the form will have this language already. Second, your name and address as the principal. Third, your agent's full legal name and address. Fourth, a clear statement of what powers you are giving — this is the most important part and the one you must customize.

The powers section should list exactly what your agent can do. If you are giving a general power of attorney, the form will have a checkbox list: "manage bank accounts," "sell real estate," "handle investments," "pay bills," "file taxes." Check only the boxes for powers you actually want to give. If you want to give only limited powers — for example, the right to manage one bank account or to sell one piece of property — write that specifically instead of checking "general" powers.

Fifth, you must state whether the power is durable. Write: "This power of attorney shall be durable and shall not terminate if I become incapacitated or unable to make decisions." If you do not write this, the power ends automatically if you become unable to make decisions, which defeats the purpose for most people. Sixth, you must decide whether the power is when ready or springing. when ready means your agent can act the moment you sign. Springing means your agent can act only if a doctor certifies that you cannot make decisions. Springing powers are harder to use because the agent has to get a doctor's letter first, so most people choose when ready.

Signing and notarizing the document

You must sign the power of attorney in front of a notary public. The notary does not write the document or tell you what to put in it — they only verify that you are who you say you are and that you signed it willingly. You cannot sign it alone and have someone else take it to the notary later; the notary must watch you sign.

Find a notary at a bank, a law office, a UPS Store, a library, or an online notary service. Banks often notarize for free if you have an account. UPS Store and similar services charge $10 to $25. Online notaries (like Notarize or LendingClub's notary service) work by video call and cost $25 to $50. Bring a photo ID — the notary will check it before you sign.

Some states require witnesses in addition to a notary. Check your state's rules before you sign. If witnesses are required, they must be present when you sign, and they usually cannot be your agent or related to you. The form will tell you how many witnesses you need and where they sign.

What to do after you sign

Keep the original signed, notarized document in a safe place — a safe deposit box, a home safe, or with your lawyer. Make at least two certified copies (the notary can make these for you, or a lawyer can). Give one copy to your agent so they know they have the power and can show it to banks or other institutions. Give another copy to anyone who might need to see it — your bank, your investment firm, your healthcare provider if it is a healthcare power of attorney.

Tell your agent what the document says and where you keep the original. Many people write a letter explaining their wishes and where important documents are kept, and they give that letter to their agent along with the power of attorney. This is not legally required, but it helps your agent understand what you wanted and where to find other documents they might need.

If you change your mind about who your agent is or what powers they have, you do not have to rewrite the whole document. You can revoke the power of attorney by writing a revocation letter, having it notarized, and giving copies to your agent and anyone who has been relying on the old power of attorney. The revocation should say: "I revoke the power of attorney dated [date] that I gave to [agent's name]." After you revoke, the old power of attorney is no longer valid.

Common mistakes to avoid

Do not leave the powers section blank or write it too vaguely. Banks and other institutions will not accept a power of attorney that does not clearly say what the agent can do. "My agent can handle my affairs" is too vague. "My agent can withdraw money from my checking account at [bank name], account number [number]" is clear enough.

Do not sign without a notary present, even if the form says notarization is optional in your state. A notarized power of attorney is much more likely to be accepted by banks and institutions. Do not name someone as your agent without asking them first — they may not want the responsibility, and if they do not know they are named, they may not act when you need them to.

Do not give your agent a power of attorney and then disappear. If you are giving when ready powers, your agent can start using them right away, so make sure they know what you want them to do and when. If you are giving springing powers, tell your agent how to get a doctor's letter and who the doctor should contact.

When you might need a lawyer instead

A lawyer is worth the cost if your situation is unusual or high-stakes. You should talk to a lawyer if you own property in more than one state (you may need separate powers of attorney for each state), if you have a large estate or complex investments, if you have a blended family and worry about conflict, if you want to restrict your agent's powers in detailed ways, or if you have already had a power of attorney challenged or refused.

A lawyer can also help if you are unsure whether you want when ready or springing powers, whether you should name one agent or multiple agents, or what powers you actually need to give. They can review a form you have already filled out to make sure it is valid in your state and will be accepted by banks and institutions.

Frequently Asked Questions

Can I write a power of attorney by hand instead of using a form?

Yes, you can write it by hand as long as it includes all the required parts: your name, your agent's name, the powers you are giving, whether it is durable, your signature, and a notary's seal. Handwritten powers of attorney are legal in most states, but banks and institutions may be slower to accept them because they are harder to read and verify. A typed form is safer.

What happens if my agent dies or becomes unable to act?

The power of attorney ends if your agent dies or becomes incapacitated, unless you named a backup agent in the document. If you did not name a backup, you will need to write a new power of attorney naming someone else. This is why many people name a successor agent when they write the original document.

Can my agent use the power of attorney after I die?

No. A power of attorney ends the moment you die. After death, your estate is handled by your will or by your state's intestacy law, and a person called an executor or administrator takes over. Your agent's powers stop when ready.

Do I need a power of attorney if I have a will?

Yes. A will only takes effect after you die. A power of attorney takes effect while you are alive and lets someone handle your affairs if you become unable to. They serve different purposes and you should have both if you want someone to manage your money or make medical decisions for you.

Can I limit my agent's powers to specific accounts or decisions?

Yes. You can write a limited power of attorney that covers only one bank account, one piece of property, one medical decision, or one type of transaction. The more specific you are, the clearer it is what your agent can and cannot do, and the more likely banks and institutions will accept it.