The Principal and the Agent Must Both Sign
A power of attorney requires two signatures: the principal (the person giving power) and the agent (the person receiving it). Both must sign the same document for it to be valid. The principal signs to grant the power; the agent signs to accept the responsibility and acknowledge they understand what they are agreeing to.
In most states, the principal's signature must be notarized — a notary public watches you sign and verifies your identity. Some states require the agent's signature to be notarized as well. A few states allow witnesses instead of notarization, but notarization is the safer route because banks and government offices recognize it everywhere.
If the principal cannot sign due to illness or disability, the document is invalid in nearly all states. A power of attorney cannot be signed by someone on behalf of the principal, and a principal cannot give someone else permission to sign their name. The principal must physically sign or, in rare cases where they cannot hold a pen, direct someone to sign their name while they watch and verbally confirm it.
Key Takeaways
- Both the principal and the agent must sign the power of attorney document for it to be legally valid.
- The principal's signature almost always must be notarized by a notary public who verifies their identity.
- The agent's signature shows they accept the role and understand their duties, and may also need to be notarized depending on your state.
- If the principal cannot sign themselves, the document cannot be executed by someone else on their behalf, even with permission.
- Some states allow witnesses to sign instead of using a notary, but notarization is recognized by more institutions and is the standard practice.
What the Principal's Signature Means
When the principal signs, they are confirming they understand what powers they are granting and to whom. The signature is proof that the principal made the decision voluntarily and was not coerced. This is why notarization is required — the notary's role is to verify that the person signing is actually the principal and that they appear to be signing of their own will.
The principal should read the entire document before signing. If the principal does not understand what they are signing, they should ask a lawyer to explain it. Signing a power of attorney without understanding it can lead to serious financial or medical consequences if the agent acts in ways the principal did not intend.
Some principals worry about signing because they fear losing control. Signing a power of attorney does not remove the principal's own authority — the principal can still make decisions and sign documents themselves. The agent's power exists alongside the principal's power, not instead of it.
What the Agent's Signature Means
When the agent signs, they are accepting the role and confirming they understand they have a legal duty to act in the principal's best interest. The agent's signature is a record that they knew what they were agreeing to. In some states, the agent's signature must also be notarized; in others, only the principal's signature needs notarization.
An agent who signs a power of attorney is taking on fiduciary responsibility, which means they must act honestly and put the principal's interests first. If the agent misuses the power — for example, by transferring the principal's money to themselves — they can be sued and held liable. The agent's signature is part of the legal record that proves they accepted this responsibility.
Some agents hesitate to sign because they worry about liability. An agent who acts honestly and within the scope of the power of attorney is protected from liability. The risk comes only if the agent acts dishonestly or beyond what the document allows.
Witnesses and Notaries: Who Else Signs
In addition to the principal and agent, a notary public must sign and stamp the document in most states. The notary does not decide whether the power of attorney is a good idea — they only verify that the person signing is who they claim to be and that they appear to be signing willingly. The notary signs the document and applies their official seal.
Some states require one or two witnesses to sign in addition to the notary. Witnesses are usually people who watch the principal and agent sign and confirm they saw it happen. Witnesses cannot be the agent, the agent's spouse, or anyone who stands to benefit from the power of attorney. Witnesses are typically neutral people like a friend, coworker, or family member who has no stake in the decision.
A few states allow a power of attorney to be witnessed instead of notarized, but this is less common and less widely accepted. Banks and government offices may refuse to honor a witnessed-only power of attorney because they cannot verify the notary's seal. If you have a choice, notarization is the stronger option.
When Multiple Agents Must Sign
If the principal names more than one agent, each agent must sign the document. Some principals name co-agents who must act together, while others name successor agents who take over only if the first agent dies or becomes unable to serve. All agents named in the document must sign it.
If the document says the agents must act together, both must sign every transaction. If the document says they can act separately, each agent can sign on their own. The principal decides which arrangement works best. The document must be clear about whether agents are co-agents or successors, because this determines who has to sign for each decision.
What Happens If Someone Signs Who Should Not
If the agent signs but the principal does not, the document is not valid. Banks and government offices will reject it because there is no proof the principal authorized it. Similarly, if the principal signs but the agent does not, the document is incomplete and cannot be used.
If the principal is not notarized, many institutions will refuse to accept the power of attorney. Some will ask for a certified copy from the court or a lawyer's letter confirming the document is valid. This can delay the agent's ability to act on the principal's behalf.
If someone forges the principal's or agent's signature, the power of attorney is fraudulent. The agent cannot legally act under a forged document, and doing so can result in criminal charges. If you suspect a power of attorney has been forged, contact a lawyer and your state's attorney general's office.
Signature Requirements by Document Type
A durable power of attorney (which stays valid if the principal becomes incapacitated) has the same signature requirements as a regular power of attorney — principal and agent must both sign, and the principal's signature must be notarized in most states.
A healthcare power of attorney (also called a healthcare proxy or medical power of attorney) has similar requirements, though some states require it to be witnessed by two people instead of notarized. Check your state's specific rules for healthcare documents, because they sometimes differ from financial powers of attorney.
A springing power of attorney (one that only becomes active if the principal becomes incapacitated) still requires both signatures and notarization. The fact that it is "springing" does not change who has to sign it — only when it takes effect.
Frequently Asked Questions
Can someone sign a power of attorney on behalf of the principal if the principal is too sick to sign?
No. In nearly all states, the principal must sign the document themselves. If the principal cannot hold a pen, they can direct someone to write their name while they watch and verbally confirm it, but the principal must be present and conscious. If the principal is unable to do this, the power of attorney cannot be executed.
Does the agent have to sign in front of the notary at the same time as the principal?
Not always. Some states require both to sign in front of the notary; others allow the agent to sign separately. Check your state's rules or ask the notary before you schedule the appointment. If you are not sure, having both sign together in front of the notary is the safest approach.
What if the agent refuses to sign the power of attorney?
The document cannot be valid without the agent's signature. If the agent refuses, you can name a different agent and have that person sign instead. An agent who refuses to sign is straightforward declining the role, which is their right.
Can a power of attorney be signed electronically?
Some states allow electronic signatures on powers of attorney, but many do not. Federal law allows electronic signatures for some documents, but powers of attorney are often excluded. Check your state's laws or ask a notary whether electronic signatures are accepted in your state. When in doubt, use a physical signature and notarization.
If the principal dies, does the power of attorney need to be signed again by someone else?
No. A power of attorney ends when the principal dies. The agent no longer has authority to act. If someone else needs to handle the principal's affairs after death, that person will need to go through probate court or become an executor or administrator — not a power of attorney.