The Documents Required Before You Start

Before you can create a power of attorney, you need to gather three categories of documents: identification for yourself, information about the person you are naming as your agent, and any existing legal paperwork that affects your authority. The exact list depends on whether you are making a financial power of attorney, a healthcare power of attorney, or both — but the core documents remain the same.

Start by collecting your own government-issued photo ID (a driver's license, passport, or state ID card). You will also need the full legal name, address, and phone number of the person you want to name as your agent, plus a second agent if you want a backup. If you own property, have bank accounts, or have made a will, gather those documents too — they help your agent understand what assets exist and what your prior wishes were.

Key Takeaways

  • You must have a government-issued photo ID and the full legal name and address of the person you want as your agent.
  • If you own real estate, have bank accounts, or have made a will, gather those documents so your agent knows what you own.
  • Some states require a witness signature or notary stamp on the power of attorney form itself, so check your state's rules before you sign.
  • If you are making a healthcare power of attorney, you may need to list your doctors' names and your medical conditions so your agent can act quickly.
  • Keep the original signed power of attorney in a safe place and give copies to your agent, your bank, and your healthcare providers.

Your Personal Identification and Information

You will need a current government-issued photo ID — a driver's license, passport, state ID card, or military ID. This proves who you are when you sign the document. If your ID has expired, renew it before you create the power of attorney, because some notaries and financial institutions will not accept an expired ID.

Write down your full legal name exactly as it appears on your ID, your current address, and your date of birth. If you have changed your name since your ID was issued, bring both your ID and a document showing the name change (a marriage certificate, divorce decree, or court order). This prevents confusion later when your agent tries to use the power of attorney at a bank or hospital.

Information About Your Agent and Backup Agent

Gather the full legal name, home address, phone number, and email address of the person you want to name as your agent. This is the person who will act on your behalf. Write the name exactly as it appears on their government ID — if they go by a nickname but their legal name is different, use the legal name.

If you want to name a backup agent (someone who steps in if your first choice cannot or will not serve), collect the same information for that person. Some people name a second backup as well. Having a backup agent prevents a delay if your first choice becomes unavailable, becomes ill, or dies.

Documents About Your Assets and Prior Decisions

Gather any documents that show what you own: recent bank statements, mortgage papers, property deeds, investment account statements, or insurance policies. Your agent does not need these to create the power of attorney, but having them on hand helps your agent understand the scope of what they may need to manage. If you own a business, bring the business registration or partnership agreement.

If you have made a will, bring a copy. If you have made a living will or advance healthcare directive, bring that too. These documents show your agent what your prior wishes were and help them make decisions that match your values. If you have a healthcare power of attorney already in place, check whether it is still valid or whether you need to update it.

State-Specific Requirements for Witnesses and Notaries

The rules for who must sign the power of attorney vary by state. Some states require one witness, some require two, and some require a notary public instead. A few states accept either a notary or witnesses. Check your state's requirements before you sign — signing in the wrong way can make the document invalid.

If your state requires witnesses, they must be adults (usually 18 or older) who are not related to you and not named as your agent. They watch you sign and then sign the document themselves. If your state requires a notary, you will need to bring your ID to a notary public, who will verify your identity and stamp the document. Some banks, law offices, and UPS stores have notaries on staff.

A few states have special rules for healthcare powers of attorney — some require two witnesses or a notary, while others require a doctor to sign as well. Look up your state's specific form or rules before you gather your documents, because the witness or notary requirement changes what you need to bring.

Healthcare-Specific Documents

If you are making a healthcare power of attorney, write down the names and phone numbers of your doctors, your hospital or clinic, and any specialists you see regularly. Include your medical record number if you have one. This helps your agent contact your healthcare providers quickly if you cannot make decisions.

List any chronic conditions you have, any medications you take, and any allergies. Write down whether you have a living will or advance directive that describes what kind of medical care you do or do not want (for example, whether you want life support in certain situations). Your agent needs this information to make healthcare decisions that match your wishes.

Where to Store and Share Your Documents

Once you have signed the power of attorney, keep the original in a safe place — a safe deposit box, a home safe, or with your attorney. Make several certified copies (your notary or attorney can do this). Give one copy to your agent so they have it when they need to act. Give another copy to your bank, your healthcare providers, and your employer if the power of attorney affects your work.

Tell your agent where the original is stored and how to access it if something happens to you. If you keep it in a safe deposit box, make sure your agent's name is on the box or that the bank knows how to release it. Some people keep a copy in their wallet or purse so they always have it with them.

Frequently Asked Questions

Do I need a lawyer to create a power of attorney?

No. You can use a state-specific form from your state bar association, a legal document service, or a template. However, a lawyer can make sure the document matches your state's rules and covers all the decisions you want your agent to make. If your situation is complex — for example, if you own a business or have significant assets — a lawyer is worth the cost.

What if I do not have a government-issued ID?

You will need to get one before you can create a power of attorney. A notary or witness will need to verify your identity, and they require a government-issued photo ID. Contact your state's DMV or passport office to explore for an ID.

Can I name my spouse as my agent without telling them first?

Technically yes, but do not. Your agent needs to know they have been named and needs to agree to serve. If you name someone without asking, they may refuse when the time comes, or they may not know where to find the document. Have a conversation with your agent before you sign.

Do I need to tell my bank or doctor that I have created a power of attorney?

Yes. Give them a copy of the signed document so they have it on file. Some banks and healthcare providers have their own power of attorney forms they prefer, so ask before you assume your document will work. Having it on file prevents delays if your agent needs to act.

What happens if I lose the original power of attorney?

If you have given certified copies to your agent, your bank, and your healthcare providers, they can use those copies. If you need another original, you can ask your notary or attorney for a certified copy, or you can sign a new power of attorney. Keep the original in a safe place and tell your agent where it is.