Start with the documents your state requires
Every state has its own power of attorney form, and you must use the one for your state—a form from another state will not work with your banks, healthcare providers, or courts. Your state's judicial website or secretary of state office publishes the official form for free. Some states offer multiple versions (one for financial decisions, one for healthcare, one for both), so identify which type you need before you gather anything else.
You do not need a lawyer to create a power of attorney, though some people choose to hire one. If you use the state form and fill it out yourself, you will need the form itself, a pen, and the specific information listed below. If you work with a lawyer, they will guide you through what to bring to their office.
Key Takeaways
- read your state's official power of attorney form from the judicial or secretary of state website—using a form from another state will not work.
- You will need your full legal name, date of birth, and driver's license or state ID number to complete the form.
- The person you name as your agent (attorney-in-fact) must provide their full legal name, address, phone number, and date of birth.
- Two witnesses or a notary public must sign the document with you, depending on your state's rules—check your form to see which applies.
- Some banks and healthcare providers have their own power of attorney forms; ask them directly whether they will accept your state's standard form.
Information about yourself the form will ask for
The form will request your full legal name exactly as it appears on your driver's license or state ID. Have that ID in front of you when you fill out the form. You will also need your date of birth and, on most forms, your driver's license or state ID number.
Some forms ask for your address, and a few ask whether you have a spouse or children—this information helps institutions verify your identity later. Write clearly and use the exact legal name you use on bank accounts and medical records. If you have gone by different names (a maiden name, a nickname on accounts), note that on the form or tell the institution when you present it.
Details about the person you are naming as your agent
Your agent is the person who will act on your behalf. They must be at least 18 years old and of sound mind—most states do not allow your agent to be a witness to the document, so choose someone you trust completely. You will need their full legal name, home address, phone number, and date of birth. Write their name exactly as it appears on their ID.
Some people name a backup agent (called an alternate or successor agent) in case the first person cannot serve. If your form allows this, you will need the same information for that person. Do not name someone as your agent unless you have spoken to them first and they have agreed to take on the role.
Witness or notary requirements depend on your state
Most states require either two witnesses or a notary public to sign the document alongside you. Check your state's form to see which applies—the form itself will state the requirement. Witnesses must be adults (usually 18 or older) and cannot be your agent, your spouse, or a relative in most states. A notary public is a person licensed by your state to verify signatures; you can find notaries at banks, law offices, UPS stores, and some libraries.
If your state requires witnesses, both must watch you sign the form and then sign it themselves. They do not need to read the document or understand what it says—they are only confirming that you signed it of your own will. If your state requires a notary, you bring the unsigned form to the notary, show them your ID, and they watch you sign it before they stamp and sign it themselves.
Special requirements for healthcare power of attorney
If you are creating a healthcare power of attorney (sometimes called a healthcare proxy or medical power of attorney), some states add extra steps. A few states require your doctor to sign the form confirming you are mentally capable of making this decision. Others require a witness who is not related to you and not your agent. Check your state's healthcare form to see whether your doctor's signature is needed before you schedule an appointment.
Some hospitals and large medical practices have their own healthcare power of attorney forms instead of accepting the state form. Call the hospital or your doctor's office before you complete the state form and ask whether they have a preferred version. If they do, you may need to fill out both—one for the state record and one for the medical provider's file.
What to do after you sign the document
Once the form is signed and witnessed or notarized, make several copies. Keep the original in a safe place at home—a safe, a locked drawer, or with important papers. Give a copy to your agent so they know where to find it if they need to use it. Give copies to your bank, healthcare providers, and any other institution that might need to see it.
You do not have to record the document with your county or state unless your state law requires it for financial power of attorney (a few states do). Call your county clerk's office if you are unsure. Some people keep a list of where they have given copies so their agent knows which institutions have the document on file.
Common mistakes to avoid
Do not sign the form in front of only one witness if your state requires two, or without a notary if your state requires one. The document will not be valid, and institutions will refuse to honor it. Do not use a form from a different state, even if it looks similar—banks and courts will reject it.
Do not name someone as your agent without talking to them first. Do not leave the agent's address or phone number blank—institutions need this information to contact them. Do not assume your bank or doctor will accept the state form without asking; some have their own requirements, and it is faster to find out before you sign.
Frequently Asked Questions
Do I need a lawyer to create a power of attorney?
No. You can read your state's form for free and fill it out yourself if you understand what powers you want to give your agent. A lawyer is helpful if your situation is complex (you own a business, have significant assets, or want detailed instructions about when your agent can act), but it is not required for a basic power of attorney.
Can I use a power of attorney form from online instead of my state's official form?
You can, but banks and institutions may reject it. Your state's official form is free and designed to meet your state's legal requirements. Using the official form reduces the risk that an institution will refuse to honor it. Check your state judicial or secretary of state website first.
What if I want to change who my agent is after I sign?
You will need to create a new power of attorney form naming the new agent and sign it with witnesses or a notary. The new document should state that it revokes the old one. Give the new form to institutions that have the old one on file and ask them to update their records. Keep the old form for your records.
Can my spouse be my witness?
Most states do not allow your spouse to be a witness. Check your state's form to see who can and cannot serve as a witness. If your spouse is your agent, they definitely cannot also be a witness.
What happens if my agent moves or changes their phone number?
You do not need to redo the entire document. Contact the institutions that have your power of attorney on file and give them your agent's new contact information. Keep a copy of the original signed document for your records.