The Two People Who Must Sign
A power of attorney document requires signatures from two people: the principal (the person giving authority) and the agent (the person receiving it). Both signatures are legally required for the document to be valid. The principal signs to authorize the agent to act on their behalf. The agent signs to acknowledge they understand the responsibility and agree to accept it.
In most states, both signatures must be made in front of a notary public. The notary does not decide whether the document is fair or wise—they straightforward verify that the person signing is who they claim to be, that they are signing willingly, and that they understand what they are signing. Some states require witnesses in addition to or instead of a notary, depending on the type of power of attorney.
If either person refuses to sign, the document cannot take effect. The principal cannot force an agent to sign, and an agent cannot create a power of attorney on someone else's behalf.
Key Takeaways
- Both the principal and the agent must sign the power of attorney document for it to be valid.
- A notary public must witness both signatures in most states, though some states also require one or more witnesses.
- The principal must be of sound mind and signing voluntarily—if they cannot understand what they are signing, the document may not hold up in court.
- The agent should read and understand the document before signing, because signing means they accept the legal duty to act in the principal's best interest.
- Some states allow the agent to sign at a different time or place than the principal, but both signatures must be notarized.
What "Principal" Means and Why They Must Sign
The principal is the person whose authority is being transferred. They are the one who owns the assets, makes the decisions, or holds the power being delegated. The principal must sign to show they understand what powers they are giving away and to whom.
The principal's signature is the legal foundation of the entire document. Without it, no one has authority to act on their behalf. If the principal is unable to sign due to illness or disability, some states allow them to make a mark (such as an X) or to have someone else sign their name at their direction, but this must happen in front of witnesses or a notary and is more likely to be challenged later.
The principal must also be mentally capable of understanding what they are signing. If a court later determines the principal was not of sound mind when they signed—due to dementia, medication, or other causes—the power of attorney can be invalidated, even if both signatures are present.
What "Agent" Means and Why They Must Sign
The agent (also called an attorney-in-fact) is the person the principal chooses to act on their behalf. The agent does not have to be a lawyer. They can be a family member, friend, professional fiduciary, or anyone the principal trusts. The agent's signature means they accept the responsibility and understand they must act in the principal's best interest.
By signing, the agent agrees to follow the laws of their state regarding powers of attorney. They also agree not to use the authority for their own benefit unless the document specifically allows it. In many states, an agent who misuses their power can be sued and forced to repay any money or assets they took improperly.
An agent should never sign a power of attorney document without reading it first. Once they sign, they are legally bound by its terms. If the document gives them broad authority and they later discover they do not want that responsibility, they can resign, but resigning does not undo anything they already did while acting as agent.
Notary Requirements by State
Most states require a notary public to witness both signatures. The notary checks the signer's photo ID, confirms they are signing of their own free will, and stamps the document with their official seal. This creates a record that the signing took place and reduces the chance someone will later claim the signature was forged or coerced.
A few states do not require a notary if witnesses are present instead. For example, some states allow two or three disinterested witnesses (people with no financial stake in the outcome) to sign instead of a notary. Other states require both a notary and witnesses for certain types of power of attorney, such as those that give authority over real estate or healthcare decisions.
Your state's rules depend on the type of power of attorney you are creating. A durable power of attorney for finances may have different requirements than a healthcare power of attorney. Before you have anyone sign, check your state's specific rules or consult a lawyer, because signing in the wrong way can make the document invalid.
When the Principal Cannot Sign
If the principal is physically unable to sign due to paralysis, injury, or severe illness, some states allow an alternative. The principal can direct another person to sign their name on their behalf, but this must happen in front of witnesses or a notary who can confirm the principal's identity and consent. The person signing the principal's name should also write "at the direction of [principal's name]" next to the signature.
If the principal cannot communicate their wishes at all—they are unconscious, in a coma, or have advanced dementia—a power of attorney cannot be created. At that point, a family member or concerned person would need to ask a court to appoint a guardian or conservator instead. This is a longer process but gives the court's authority to make decisions when the person cannot do so themselves.
When the Agent Refuses or Cannot Sign
An agent can refuse to sign a power of attorney without giving a reason. The principal cannot force them to accept the role. If the chosen agent declines, the principal can name a different agent and have that person sign instead.
If an agent dies, becomes incapacitated, or resigns after signing, the power of attorney ends unless the document names a successor agent. A successor agent is a backup who steps in if the first agent cannot serve. If you want a successor, the document must name them by name, and they should also sign to acknowledge they understand the role.
Signature Timing and Location
In most states, the principal and agent do not have to sign at the same time or in the same place. The principal might sign first, then the agent signs later. However, both signatures must be notarized, and the notary must verify each person's identity separately. Some states require the notary to be present for both signatures, while others allow the agent to have their signature notarized by a different notary at a different time.
Check your state's rules before you split up the signing. If you sign in the wrong order or with the wrong notary, the document may not be recognized as valid, especially if it is challenged later.
Frequently Asked Questions
Can someone sign a power of attorney on behalf of the principal if the principal is too sick to sign?
In some states, yes, but only if the principal directs them to do so and a notary or witnesses are present to confirm the principal's identity and consent. The person signing should write "at the direction of [principal's name]" next to the signature. This is riskier than the principal signing themselves, because it is easier to challenge later.
Does the agent have to sign in front of the notary at the same time as the principal?
Not always. Many states allow the agent to sign at a different time, as long as both signatures are notarized. However, some states require the notary to be present for both signatures. Check your state's power of attorney law or ask a notary before you plan the signing.
What happens if the agent signs but the principal never does?
The power of attorney is not valid. Both signatures are required. An agent's signature alone does not give them any authority to act on the principal's behalf.
Can a power of attorney be valid if it was not notarized?
It depends on your state and the type of power of attorney. Most states require a notary for a durable power of attorney. Some states allow witnesses instead. A few states allow a power of attorney to be valid without a notary or witnesses if both people sign in front of each other. Check your state's law or ask a lawyer before you skip the notary.
What if the agent signs the power of attorney but later says they did not understand what they were signing?
Signing means the agent accepted the responsibility. They cannot undo their signature just because they later changed their mind about the role. However, they can resign as agent at any time by notifying the principal in writing. Resigning stops them from acting going forward but does not undo actions they already took.