Power of Attorney Notarization: Frequently Asked Questions

Notarization requirements depend on state law and the type of power of attorney. Many financial and healthcare POAs require notarization to be legally valid. Some states require POAs to be notarized for them to be accepted by banks and agencies. Always verify requirements for your specific situation.

No. A notary cannot notarize documents for themselves. Additionally, some states prohibit notarizing POAs for close family members. You'll need a notary who has no financial or familial interest in the document.

You'll need: (1) a valid government-issued photo ID; (2) the completed power of attorney document; (3) the signatures of all parties (principal and attorney-in-fact); (4) understanding of what the document authorizes. The notary will verify your identity, confirm you understand the document, and witness your signature.

Yes, in states that authorize RON, durable powers of attorney can typically be notarized online. The process is the same as in-person, but happens over secure video. Verify that your state allows RON for POAs and that the recipient will accept the electronic notarization.

A springing POA becomes effective only when a specified condition occurs (usually the principal's incapacity). These can be notarized like regular POAs, but the condition language must be clear. Some states have special rules for springing POAs.

Healthcare POAs (also called medical powers of attorney) often require notarization under state law, especially if you want hospitals and doctors to honor it. Some states have witnessed-only requirements instead. Always check your state's specific rules.

Most states prohibit a notary from notarizing documents for close family members due to conflict of interest. The specific rules vary—some states prohibit spouses, children, and grandchildren; others have broader restrictions. Use an unrelated notary.

A notarized POA remains valid until revoked by the principal or until the principal dies (unless it's durable). A durable POA continues even if the principal becomes incapacitated. Some financial institutions set their own expiration dates. Check with the recipient.