Power of attorney requirements by state
What your state requires to create a valid durable financial power of attorney — notarization, witnesses, and execution formalities.
What every state requires
- ✓Written and signed — the power of attorney must be in writing and signed by the principal (you) while of sound mind and 18+
- ✓Durability language — must explicitly state that the power of attorney survives the principal's incapacity to be "durable"
- ✓Notarization — required or strongly recommended in virtually all states; many financial institutions require it regardless
A practical note on notarization
Even in states where notarization is not strictly required for legal validity, banks and financial institutions commonly refuse to honor an unnotarized power of attorney. Notarizing yours is always the right call — it eliminates disputes about authenticity and is required to record any real property transactions.
Notarization
Alternative
Witnesses
2
Notarization
Required
Witnesses
2
Notarization
Required
Witnesses
None
Notarization
Required
Witnesses
None
Notarization
Required
Witnesses
None
Notarization
Required
Witnesses
None
Notarization
Required
Witnesses
None
Notarization
Required
Witnesses
None
Notarization
Required
Witnesses
None
Notarization
Required
Witnesses
None
Notarization
Required
Witnesses
2
Notarization
Required
Witnesses
None
Notarization
Required
Witnesses
2
Notarization
Required
Witnesses
None
Notarization
Alternative
Witnesses
2
Notarization
Required
Witnesses
None
This information is general in nature and not legal advice. Requirements may vary based on your specific circumstances. Consult a licensed estate planning attorney for guidance.