Does a power of attorney need witnesses or notarization?
Key takeaway
A power of attorney may require witnesses, notarization, or both, depending on the state and document type. For owners of businesses, real estate, or private investments, the rules described here vary for durable personal, medical, health care, and real estate authority. The examples below identify the states and document types covered by those rules.
Witness and notary rules vary by state
Delaware requires notarization and one qualifying adult witness for a durable personal power of attorney. The document must be written, signed, and dated.
Nebraska requires acknowledgment before a notary or another legally authorized person for a power of attorney to be valid under its Uniform Power of Attorney Act.
The District of Columbia requires acknowledgment before a notary public or another person authorized to take acknowledgments for a power of attorney executed under its chapter to be valid.
Medical and health care documents have separate rules
Texas requires a medical power of attorney to be signed by the principal in the presence of two qualifying witnesses, who must sign.
Arizona allows a health care power of attorney to be notarized or witnessed in writing by at least one adult. The witness affirms being present at the dated signing or marking and that the person appeared of sound mind and free from duress.
Arizona limits who may serve as the sole witness to a health care power of attorney. The witness cannot be related to the principal by blood, marriage, or adoption, or entitled to any part of the principal's estate.
Real estate authority and signing details matter
New Hampshire requires a power of attorney to convey real estate to be signed by the principal, or by a directed individual in the principal's conscious presence, and acknowledged before a notary or other authorized officer.
Arizona's general power of attorney execution rule requires a witness who is not the agent, the agent's spouse or children, or the notary. The principal's acknowledgment and a witness affidavit before a notary are also required.
Some rules describe signing and signature recognition
Hawaii requires a power of attorney to be signed by the principal or by another person at the principal's direction and in the principal's conscious presence. The signature is presumed genuine if the principal acknowledges it before a notary.
Utah and West Virginia allow a principal to sign or direct another individual to sign in the principal's conscious presence, with signing before a notary or other authorized official. Wisconsin allows the principal to sign or direct an adult aged 18 or older to sign the principal's name in the principal's physical presence. Wisconsin presumes the signature genuine if the principal acknowledges the document before an authorized notarial officer.