Guides · State guides
Does a Power of Attorney Need to Be Notarized? The Rules by State
It depends on the state. Some require a notary, some accept witnesses instead, and some want both. Here are the rules for all fifty states and Washington, D.C., from each state's statutes and official forms.
By naveen · Updated · How we research our guides
What to know
- A notary alone: Texas, North Carolina, Utah, New Jersey, Nebraska, Alaska, Maine, Iowa, South Dakota, West Virginia, New Hampshire and D.C. require an acknowledgment, and in Kansas and Missouri a power of attorney is durable only if it's notarized and uses the statute's durable wording. Minnesota's statutory short form must be acknowledged, and the state Attorney General says a power of attorney must be signed in front of a notary.
- A notary plus witnesses: Florida, New York, Pennsylvania, South Carolina and Maryland require two witnesses and a notary; Illinois, Georgia, Arizona and Delaware one witness and a notary. California, Indiana and Washington accept a notary or two witnesses, Michigan needs one or the other for the power of attorney to be durable, and Connecticut requires two witnesses.
- No notary or witness rule for validity: Colorado, Wisconsin, Oklahoma, New Mexico, Ohio, Oregon, Massachusetts, Alabama, Arkansas, Kentucky, Virginia, Montana, Hawaii, Idaho, Vermont, Wyoming, Mississippi and North Dakota, though in each of them a notarized signature brings the bank-acceptance rules, is needed to record a real estate document, or both. Rhode Island's statutory form must be notarized, Nevada's statutory form says it isn't valid unless notarized, and in Louisiana the form depends on what the agent will do.
- Health care documents follow separate rules: in forty-eight of these fifty-one jurisdictions the statutes don't require a notary for a health care power of attorney, while North Carolina and West Virginia require one and Missouri's must be notarized to stay durable.
- Retirement Checklist puts the signing step in order with everything else your family needs to settle.
It depends on the state where your parent signs it: some states require a notary, some accept two witnesses instead, some require both, and some require only your parent's signature. In Texas, a durable power of attorney must be acknowledged before a notary or similar officer. In Florida, it needs two witnesses and a notary. California accepts either a notary or two qualified witnesses. New York requires an acknowledgment and two witnesses, and the agent signs and acknowledges too. Each of the other forty-seven jurisdictions covered below has its own version. Health care documents follow separate rules.
What does each state require for a power of attorney?
Each state's statute sets its own rule; the table gives each one with the section it comes from.
| State | Notary | Witnesses | Statute |
|---|---|---|---|
| Alabama | Optional: notarizing triggers the bank rules | Not required | Code of Ala. § 26-1A-105 |
| Alaska | Required | Not required | AS 13.26.600 |
| Arizona | Required, along with a witness | One, not the agent, the agent's spouse or children, or the notary | A.R.S. 14-5501 |
| Arkansas | Optional: notarizing makes the signature presumed genuine | Not required | A.C.A. 28-68-105 |
| California | Notary or two witnesses; the statutory form needs the notary | Two adults, not the agent | Probate Code §§4121, 4122, 4402 |
| Colorado | Optional: notarizing makes the signature presumed genuine and triggers the bank rules | Not required | C.R.S. 15-14-705 |
| Connecticut | Needed for the bank rules, the statutory form and real estate; online notarization barred | Two required | C.G.S. 1-350d |
| Delaware | Required | One adult, not a relative or heir | 12 Del. C. § 49A-105 |
| District of Columbia | Required | Not required | D.C. Code § 21-2601.05 |
| Florida | Required | Two subscribing witnesses, in addition to the notary | Florida Statutes §709.2105 |
| Georgia | Required: a second attestation, by a notary on the statutory form | One competent witness, not named as an agent | O.C.G.A. §10-6B-5, as amended in 2018 |
| Hawaii | Optional: notarizing triggers the bank rules | Not required | HRS 551E-3 |
| Idaho | Optional; needed to record it | Not required | Idaho Code 15-12-105 |
| Illinois | Required | One witness; certain relatives, agents and care providers can't be the witness or the notary | 755 ILCS 45/3-3.6 |
| Indiana | Notary, or two witnesses instead | Two; an interested witness can make it void | IC 30-5-4-1 |
| Iowa | Required | Not required | Iowa Code 633B.105 |
| Kansas | Required for it to be durable, with the durable label and wording | Not required | K.S.A. 58-652 |
| Kentucky | Optional: notarizing triggers the bank rules | Not required since 2020 | KRS 457.050 |
| Louisiana | Not required by the mandate articles, but a gift needs an authentic act before a notary | Two, only when an authentic act is required | La. Civil Code arts. 2993, 1541, 1833 |
| Maine | Required | Not required | 18-C M.R.S. § 5-905 |
| Maryland | Required; the notary may be one of the witnesses | Two adults | Estates and Trusts § 17-110 |
| Massachusetts | Not required for validity; needed to record it for real estate | Not required | M.G.L. c. 190B §§ 5-501 to 5-507; c. 183 § 32 |
| Michigan | Notary or two witnesses, needed for it to be durable | Two, neither named as an agent; one may be the notary | MCL 556.205 |
| Minnesota | Required for the statutory short form | Not required | Minn. Stat. 523.01, 523.23 |
| Mississippi | No notary rule in the sections read; needed to record it | Not required | Miss. Code § 87-3-7, 87-3-1 |
| Missouri | Required for it to be durable, with the durable title and statement | Not required | RSMo 404.705 |
| Montana | Optional: notarizing triggers the bank rules | Not required | MCA 72-31-305 |
| Nebraska | Required | Not required | Neb. Rev. Stat. 30-4005 |
| Nevada | Not required by the statute, but the statutory form says it's needed | Not required | NRS 162A.220 |
| New Hampshire | Required for a general power of attorney, with a signed disclosure statement | Not required | RSA 564-E:105 |
| New Jersey | Required, before a notary or an attorney | Not required | N.J.S.A. 46:2B-8.9 |
| New Mexico | Optional: notarizing makes the signature presumed genuine and is needed to record it | Not required | NMSA 45-5B-105 |
| New York | Acknowledgment required, for your parent and for the agent | Two, not named as agents or gift recipients | General Obligations Law §5-1501B |
| North Carolina | Required: acknowledgment | Not among the listed requirements | G.S. 32C-1-105 |
| North Dakota | No notary rule in chapter 30.1-30 | Not required | N.D.C.C. 30.1-30-01 |
| Ohio | Acknowledgment makes the signature presumed genuine; required for real estate use | Not among the listed requirements | Revised Code 1337.25, 1337.04 |
| Oklahoma | Optional: notarizing makes the signature presumed genuine and triggers the bank rules | Not required | 58 O.S. § 3005 |
| Oregon | No notary rule in ORS 127.002 to 127.045; must be acknowledged or proved to record it for real estate | Not required | ORS 127.005, 93.670 |
| Pennsylvania | Required, and not the agent | Two adults, not the agent, the notary or anyone signing for your parent | 20 Pa.C.S. § 5601 |
| Rhode Island | Required for the statutory short form | Not required | R.I. Gen. Laws § 18-16-2 |
| South Carolina | Required | Two, as for a will | S.C. Code § 62-8-105 |
| South Dakota | Required | Not required | SDCL 59-12-4 |
| Tennessee | No notary rule in the sources we read | No witness rule in the sources we read | Tenn. Code Ann. § 34-6-101 ff. |
| Texas | Required: acknowledgment before a notary or similar officer | Not among the listed requirements | Estates Code §751.0021 |
| Utah | Required | Not required | Utah Code 75A-2-105 |
| Vermont | Optional: notarizing triggers the bank rules | Not required | 14 V.S.A. § 4005 |
| Virginia | Optional: notarizing triggers the bank rules | Not required | Va. Code § 64.2-1603 |
| Washington | Notary or two witnesses | Two, not relatives of your parent or the agent, or your parent's care providers | RCW 11.125.050 |
| West Virginia | Required | Not required | W. Va. Code § 39B-1-105 |
| Wisconsin | Optional: notarizing makes the signature presumed genuine and triggers the bank rules | Not required | Wis. Stat. 244.05 |
| Wyoming | Optional: notarizing triggers the bank rules | Not required | W.S. 3-9-105 |
A few details change the answer within a state:
- California's statutory form. Probate Code §4121 accepts a notary or two witnesses for a power of attorney in general, but the official Uniform Statutory Form is legally sufficient only when "the signature of the principal is acknowledged" (§4402). See the California power of attorney guide.
- Texas's acknowledgment. The officer must be authorized to take acknowledgments to deeds and to administer oaths, which a notary public is. See the Texas power of attorney guide.
- Florida's double requirement. Florida asks for witnesses and a notary, not one or the other. See the Florida power of attorney guide.
- New York's agent signature. The power of attorney takes effect for each agent on the date that agent's signature is acknowledged. See the New York power of attorney guide.
- Ohio's real estate rule. A power of attorney used to sign a deed, mortgage or lease must be acknowledged and recorded with the county recorder first (Revised Code 1337.04). See the Ohio power of attorney guide.
- Georgia's two attesters. The witness and the notary must be different people, and neither can be named as an agent. See the Georgia power of attorney guide.
- North Carolina's acknowledgment. A bank isn't required to accept a power of attorney that hasn't been duly acknowledged (G.S. 32C-1-120). See the North Carolina power of attorney guide.
- Illinois's excluded witnesses. Your parent's children and grandchildren, the agent, and the agent's parents, siblings and children can't serve as the witness or the notary. See the Illinois power of attorney guide.
- Michigan's durability rule. A signed power of attorney is valid, but it survives incapacity only if it's notarized or witnessed, and only a notarized one gets the bank-acceptance rules. See the Michigan power of attorney guide.
- Indiana's health care cutoff. A power of attorney signed after December 31, 2022 can't grant health care powers. See the Indiana power of attorney guide.
- Arizona's wording. To keep working if your parent becomes incapacitated, the document must contain durability wording, and the witness signs an affidavit before the notary. See the Arizona power of attorney guide.
- Washington's default. A Washington power of attorney ends on incapacity unless it contains durability wording. See the Washington power of attorney guide.
- Colorado's and Wisconsin's signature-only rule. Only your parent's signature is required, but only a notarized power of attorney gets the bank-acceptance rules. See the Colorado and Wisconsin guides.
- Connecticut's in-person notary. Connecticut bars online notarization of a power of attorney. See the Connecticut power of attorney guide.
- Pennsylvania's notice and acknowledgment. A signed notice must open the document, and the agent must sign an acknowledgment before acting. See the Pennsylvania power of attorney guide.
- Louisiana's mandate. A mandate needs no particular form, but it must take the form the law requires for the act it authorizes, so a mandate to make a gift must be an authentic act before a notary and two witnesses. See the Louisiana power of attorney guide.
- Massachusetts's and Oregon's writing. Neither state's power of attorney statute sets a notary or witness rule, but a power of attorney used for real estate must be acknowledged (or, in Oregon, proved) to be recorded. See the Massachusetts and Oregon guides.
- Kansas's and Missouri's durability test. A power of attorney is durable only if it's titled a durable power of attorney, includes the statute's durability statement, and is notarized. See the Kansas and Missouri guides.
- Oklahoma's and New Mexico's signature rule. Only your parent's signature is required, but notarizing gives the signature a presumption of genuineness. See the Oklahoma and New Mexico guides.
- Utah's notary. A Utah power of attorney must be signed before a notary, and the act lists no witnesses. See the Utah power of attorney guide.
- Notary-only states. New Jersey, Nebraska, Alaska, Maine, Iowa, South Dakota, West Virginia and D.C. require a notary acknowledgment and no witnesses; New Hampshire adds a signed disclosure statement and the agent's acknowledgment. See the New Jersey, Nebraska, Alaska, Maine, Iowa, South Dakota, West Virginia, D.C., New Hampshire guides.
- Witness states. South Carolina's must be witnessed like a will and notarized, Maryland's needs two adult witnesses and a notary who may be one of them, and Delaware's needs a notary and one adult witness who isn't a relative or heir. See the South Carolina, Maryland and Delaware guides.
- Signature-only states. Alabama, Arkansas, Kentucky, Virginia, Montana, Hawaii, Idaho, Vermont and Wyoming require only your parent's signature, but a notarized signature is presumed genuine, and in each of them the bank-acceptance rules apply only to a notarized power of attorney. See the Alabama, Arkansas, Kentucky, Virginia, Montana, Hawaii, Idaho, Vermont, Wyoming guides.
- Durability isn't automatic everywhere. In Minnesota, Mississippi, North Dakota, Rhode Island, South Dakota and Tennessee, a power of attorney lasts through incapacity only if it says so. See the Minnesota, Mississippi, North Dakota, Rhode Island, South Dakota and Tennessee guides.
- Nevada's form. Nevada's statute requires only a signature, but its statutory form says it isn't valid unless notarized. See the Nevada power of attorney guide.
Do health care documents need to be notarized?
Not in forty-eight of the fifty-one jurisdictions covered here: their statutes don't require a notary for a health care power of attorney, while North Carolina and West Virginia do and Missouri's must be notarized to stay durable. Health care documents have their own statutes, separate from the power of attorney rules:
| State | Health care document | What it needs |
|---|---|---|
| Alabama | Advance directive for health care | Two witnesses 19 or older, not relatives or heirs; no notary |
| Alaska | Advance health care directive | Two qualified witnesses or a notary |
| Arizona | Health care power of attorney and living will | One adult witness or a notary |
| Arkansas | Durable power of attorney for health care; living will | A notary or two witnesses; not the agent, and one not a relative or heir |
| California | Advance health care directive | A notary or two qualified witnesses; a skilled nursing facility resident also needs a patient advocate or ombudsman as a witness |
| Colorado | Medical durable power of attorney; living will | No statutory signing rule for the MDPOA; two witnesses or a notary for a living will |
| Connecticut | Living will and appointment of health care representative | Two witnesses, no notary; the representative can't witness |
| Delaware | Advance health-care directive | One adult witness who isn't the agent; no notary |
| District of Columbia | Durable power of attorney for health care; declaration | Two adult witnesses, no notary; at least one unrelated for the health care power, and neither related for a declaration |
| Florida | Living will and designation of health care surrogate | Two subscribing witnesses; the statutes don't mention a notary |
| Georgia | Georgia Advance Directive for Health Care | Two witnesses; the state's form says it doesn't need to be notarized |
| Hawaii | Advance health-care directive | Two qualified witnesses or a notary |
| Idaho | Advance care planning document | Required contents and a signature; witnesses and a notary are optional |
| Illinois | Power of attorney for health care; living will | One adult witness and no notary on the statutory health care form; two witnesses for a living will |
| Indiana | Advance directive | Two adult witnesses, at least one not a spouse or relative, or a notary |
| Iowa | Durable power of attorney for health care; living will | Two witnesses, one not a close relative, or a notary |
| Kansas | Durable power of attorney for health care decisions; living will | Two qualified adult witnesses or a notary |
| Kentucky | Living will directive and health care surrogate | Two adult witnesses or a notary; relatives and heirs can't serve |
| Louisiana | Health care mandate; living will declaration | No signing rule for the mandate in the articles read; two witnesses, not relatives or heirs, for a declaration |
| Maine | Advance health care directive | Two witnesses, in person; no notary |
| Maryland | Advance directive | Two witnesses, no notary; the agent can't witness |
| Massachusetts | Health care proxy | Two adult witnesses, not the agent; no notary |
| Michigan | Patient advocate designation | Two qualified witnesses; the statute offers no notary alternative, and the advocate signs an acceptance |
| Minnesota | Health care directive | A notary or two witnesses; the agent can't witness |
| Mississippi | Advance health-care directive | Two qualified witnesses or a notary |
| Missouri | Durable power of attorney for health care; living will declaration | A notary for the health care power of attorney to stay durable; two witnesses for a declaration |
| Montana | Health care power of attorney; living will declaration | Durability wording; the statutes set no signing rule, though the state health department's forms page says to sign before a notary; two witnesses for a declaration |
| Nebraska | Power of attorney for health care; living will declaration | Two qualified adult witnesses or a notary |
| Nevada | Advance health-care directive; declaration | A notary or two adult witnesses; two witnesses for a declaration |
| New Hampshire | Durable power of attorney for health care and living will | Two qualified witnesses, or a notary or justice of the peace |
| New Jersey | Proxy directive; instruction directive | Two adult witnesses or a notary; the representative can't witness |
| New Mexico | Power of attorney for health care; individual instructions | In writing and signed; the state form recommends two witnesses but doesn't require them |
| New York | Health care proxy | Two adult witnesses; the Attorney General says "You don't need a lawyer or a notary" |
| North Carolina | Health care power of attorney and living will | Two qualified witnesses and a notary |
| North Dakota | Health care directive | A notary or two adult witnesses; relatives and heirs can't serve |
| Ohio | Durable power of attorney for health care and living will | Two qualified adult witnesses or a notary |
| Oklahoma | Advance directive for health care | Two adult witnesses who aren't heirs or will beneficiaries; no notary. A new law takes effect July 1, 2027 |
| Oregon | Advance directive; appointment of health care representative | Two adult witnesses or a notary; the representative must accept |
| Pennsylvania | Health care power of attorney and living will | Two adult witnesses, no notary required |
| Rhode Island | Durable power of attorney for health care; living will | Two witnesses or a notary; two unrelated witnesses for a living will |
| South Carolina | Health care power of attorney; declaration of a desire for a natural death | Two qualified witnesses, notary optional; a declaration needs a notary and two witnesses |
| South Dakota | Durable power of attorney for health care; living will declaration | Two adult witnesses or a notary |
| Tennessee | Advance directive for health care | A notary or two witnesses; one unrelated and not an heir |
| Texas | Medical Power of Attorney and Directive to Physicians | Two qualified witnesses or a notary |
| Utah | Advance health care directive naming an agent | One adult witness, not the agent or the agent's spouse; no notary |
| Vermont | Advance directive | Two adult witnesses, no notary; close family and the agent can't witness |
| Virginia | Advance medical directive | Two adult witnesses, no notary; relatives may witness |
| Washington | Health care directive | A notary or two qualified witnesses |
| West Virginia | Medical power of attorney; living will | Two adult witnesses, not relatives, plus a notary |
| Wisconsin | Power of attorney for health care; living will | Two qualified witnesses, no notary |
| Wyoming | Power of attorney for health care | A notary or two witnesses; no provider, agent or facility staff |
The state guides spell out who can and can't serve as a witness in each state: California, Texas, Florida, New York, Ohio, Georgia, North Carolina, Illinois, Michigan, Indiana, Arizona, Washington, Colorado, Wisconsin, Connecticut, Pennsylvania, Louisiana, Massachusetts, Oklahoma, Oregon, Kansas, Missouri, New Mexico, Utah, Alabama, Arkansas, New Jersey, Kentucky, Minnesota, Mississippi, South Carolina, Virginia, Maryland, Montana, Hawaii, Nebraska, Alaska, Nevada, Tennessee, Delaware, Iowa, Rhode Island, Maine, South Dakota, D.C., New Hampshire, West Virginia, North Dakota, Vermont and Wyoming. Idaho lists witnesses only as an optional part of the document and bars no one from serving; see the Idaho advance directive guide.
Will a bank accept a power of attorney?
In thirty-three of the fifty-one jurisdictions, the statute sets a deadline in business days for a bank or other person asked to accept a power of attorney, unless a listed exception applies. The bullets below say which states limit that rule to a notarized power of attorney or a statutory form, and which protect only people who rely on one in good faith:
- Texas. A person asked to accept a durable power of attorney must accept it, or ask for a certification or legal opinion within 10 business days, unless a listed ground for refusal applies (Estates Code §751.201).
- Florida. A bank or broker-dealer is presumed to have four business days to accept or reject one for covered transactions, can't demand a different form for authority already granted, and must give its reasons in writing when it rejects one, unless it wouldn't otherwise have to deal with your parent (§709.2120).
- New York. No third party may refuse a properly executed statutory short form "without reasonable cause," and within ten business days it must honor it, reject it in writing with reasons, or ask for the agent's affidavit or another listed step (§5-1504).
- California. For the statutory form, a third person who unreasonably refuses can be compelled in court, and the agent awarded attorney's fees (Probate Code §4406).
- North Carolina. Within seven business days of being presented with an acknowledged power of attorney, a person must accept it, refuse it on a listed ground, or ask for a certification, translation or opinion of counsel (G.S. 32C-1-120).
- Georgia. The same seven-business-day rule applies to an attested statutory form power of attorney, and a wrongful refusal can bring a court order and attorney's fees (O.C.G.A. §10-6B-20).
- Illinois. Anyone who refuses an agent's direction "arbitrarily or without reasonable cause" faces civil liability for resulting damages (755 ILCS 45/2-8).
- Michigan. For a notarized power of attorney, a person must accept it or ask for more information within seven business days (MCL 556.220).
- Washington. The same seven-business-day rule applies to a notarized power of attorney (RCW 11.125.200).
- Indiana. A person who refuses one within three business days of receiving it, without one of the reasons the statute lists, can owe three times actual damages plus attorney's fees (IC 30-5-9-9).
- Colorado, Connecticut and Pennsylvania. Each sets the same seven-business-day deadline to accept or ask for more information, then five business days to accept (C.R.S. 15-14-720, C.G.S. 1-350s, 20 Pa.C.S. § 5608.1). Colorado and Connecticut apply it to notarized powers of attorney.
- Wisconsin. A person may refuse a notarized power of attorney in good faith within 10 business days only for listed reasons, and can't refuse based only on its date or on wanting a different form (Wis. Stat. 244.20).
- Oklahoma and Utah. For a notarized power of attorney, the same seven-business-day rule applies, then five business days to accept (58 O.S. § 3020, Utah Code 75A-2-120).
- New Mexico. The seven-business-day rule applies only to a notarized power of attorney on the statutory form, which includes a military power of attorney (NMSA 45-5B-120).
- Kansas. A third person must accept a notarized power of attorney unless a listed exception applies, though the statute sets no deadline in days (K.S.A. 58-658).
- Massachusetts. The agent can sue for damages if a third party unreasonably refuses to honor a valid durable power of attorney (M.G.L. c. 190B § 5-506).
- Virginia, Kentucky, Maine, Nebraska, Iowa, New Hampshire, Vermont, Idaho, Montana, Hawaii and D.C. For a notarized power of attorney, the same seven-business-day rule applies, then five business days to accept (Va. Code § 64.2-1618, KRS 457.200, 18-C M.R.S. § 5-920, Neb. Rev. Stat. 30-4020, Iowa Code 633B.120, RSA 564-E:120, 14 V.S.A. § 4020, Idaho Code 15-12-120, MCA 72-31-325, HRS 551E-16, D.C. Code § 21-2601.20).
- South Carolina. For a power of attorney signed, witnessed and acknowledged under 62-8-105, the same seven-business-day rule applies, then five business days to accept, but a person doesn't have to accept one that lacks the reliance clause the statute sets out (S.C. Code 62-8-120).
- Wyoming. Seven business days to accept or ask for a certification or translation, then five to accept (W.S. 3-9-120).
- Alabama. A bank must act on a notarized power of attorney "within a reasonable time," which can't be less than seven business days (Code of Ala. § 26-1A-119).
- Arkansas and West Virginia. The seven-business-day rule applies only to a notarized power of attorney on the statutory form (A.C.A. 28-68-120, W. Va. Code § 39B-1-120).
- Nevada and South Dakota. Ten business days to accept or ask for more information, then five to accept; Nevada applies it to notarized powers of attorney, South Dakota to signed, notarized ones substantially in the statutory form (NRS 162A.370, SDCL 59-12-18, 59-12-19).
- Alaska. Five business days to accept a notarized power of attorney or ask for more information, then three to accept (AS 13.26.615).
- Delaware. A person must accept a notarized power of attorney unless a listed exception applies, with no deadline in days (12 Del. C. § 49A-120).
- New Jersey. For banking transactions, a bank must accept a conforming power of attorney within a reasonable time, and explain a rejection in writing if it has the agent's address (N.J.S.A. 46:2B-13).
- Minnesota and Maryland. Minnesota makes a party that refuses a qualifying statutory short form liable as if it had refused your parent (Minn. Stat. 523.20); Maryland bars requiring a different form for authority granted in its statutory form (Estates and Trusts § 17-104). Neither sets a deadline in the sections read.
- Louisiana, Oregon, Missouri, Mississippi, Tennessee, Rhode Island and North Dakota. The sections we read set no acceptance deadline; they protect people who rely on a power of attorney in good faith.
How much does a notary cost?
It depends on the state: forty of the fifty-one jurisdictions cap or set the notary's fee for an acknowledgment. Louisiana, Massachusetts, Arkansas, Alaska, Tennessee, Maine and South Dakota don't cap it, and we found no cap in the notary laws we read for Kansas, Kentucky, Iowa and Vermont:
| State | Maximum fee for an acknowledgment | Source |
|---|---|---|
| Alabama | $10 per notarial act | Code of Ala. § 36-20-74 |
| Alaska | No cap; the fee section was repealed in 2005 | Alaska Lieutenant Governor |
| Arizona | Up to $10 per notary public signature (A.A.C. R2-12-1102) | Arizona Notary Public Reference Manual |
| Arkansas | No cap; a reasonable fee agreed in advance | Arkansas Secretary of State |
| California | $15 for each signature taken; $20 from January 1, 2027 under AB 1597 | Government Code §8211 |
| Colorado | $15 per document; $25 for electronic or remote | Colorado Secretary of State |
| Connecticut | $10 per act, since July 1, 2026 | Connecticut Secretary of the State |
| Delaware | $5 per act on paper; $25 electronic | 29 Del. C. § 4311 |
| District of Columbia | $5 per acknowledgment; $25 for remote | 17 DCMR § 2425 |
| Florida | $10 for any one notarial act | Florida Statutes §117.05 |
| Georgia | $2.00 for each notarial act | GSCCCA, Georgia Notary Law |
| Hawaii | $5 for each party signing; $25 for remote | HRS 456-17 |
| Idaho | $5 per notarial act | Idaho Secretary of State |
| Illinois | $5 for any notarial act, non-electronic | 5 ILCS 312/3-104 |
| Indiana | $10 per signature for an acknowledgment | IC 33-42-14-1 |
| Iowa | No cap found; a reasonable fee | Iowa Secretary of State |
| Kansas | No cap found; the fee must be agreed in advance | Kansas Secretary of State |
| Kentucky | No cap found; the fee must be disclosed in advance | KRS 423.430 |
| Louisiana | No statutory fee schedule | Louisiana Secretary of State |
| Maine | No statutory fee; disclosed and agreed in advance | Maine Secretary of State |
| Maryland | $8 per act; $30 for remote | COMAR 01.02.08.02 |
| Massachusetts | No cap; the $1.25 cap in c. 262 § 41 covers only noting a dishonored note | Trial Court Law Libraries |
| Michigan | $10.00 for any individual transaction or notarial act | MCL 55.285 |
| Minnesota | $5 for most notarial acts | Minnesota Secretary of State |
| Mississippi | Up to $5 for services rendered | Mississippi Secretary of State, § 25-34-9 |
| Missouri | $5 per signature | RSMo 486.685 |
| Montana | $10 per notarial act | Montana Secretary of State |
| Nebraska | $5 per acknowledgment | Neb. Rev. Stat. 33-133 |
| Nevada | $15 for the first signature; $7.50 for each additional | NRS 240.100 |
| New Hampshire | $10 per act; $25 for remote | RSA 455:11 |
| New Jersey | $2.50 per acknowledgment | Notary Public Manual |
| New Mexico | $5 per acknowledgment | NMSA 14-14A-28 |
| New York | $2 for each person whose acknowledgment is taken | Executive Law §136 |
| North Carolina | $10.00 per notarized principal signature | G.S. 10B-31 |
| North Dakota | $5 per notarial act | North Dakota Secretary of State |
| Ohio | Up to $5 for a notarial act that isn't an online notarization, not per signature | Revised Code 147.08 |
| Oklahoma | $5 per notarial act | Oklahoma Secretary of State |
| Oregon | $10 per act; $25 for remote | Oregon Secretary of State |
| Pennsylvania | $5 for the first name, $2 for each additional | 4 Pa. Code § 167.3 |
| Rhode Island | $25 per notarial act | R.I. Gen. Laws § 42-30.1-20.1 |
| South Carolina | $5 per signature | S.C. Code 26-1-100 |
| South Dakota | No cap since 2025 | SDCL 18-1-9 |
| Tennessee | No cap; a reasonable fee | Tennessee Secretary of State |
| Texas | $10 for the first signature, $1 for each additional | Government Code §406.024 |
| Utah | $10 per signature; $25 for remote | Utah Code 46-1-12 |
| Vermont | No cap found | Vermont Secretary of State |
| Virginia | $10 per acknowledgment | Va. Code § 47.1-19 |
| Washington | $15.00 for taking an acknowledgment | WAC 308-30-220 |
| West Virginia | $10 per signature | W. Va. Code § 39-4-30 |
| Wisconsin | $5 per document for an acknowledgment | Wis. Stat. 140.02 |
| Wyoming | $10 per notarial act | W.S. 32-3-126 |
A New York power of attorney involves at least two acknowledgments, your parent's and the agent's.
What if your parent lives in another state?
A power of attorney signed in another state can still be valid: Texas and Florida, for example, accept one that met the law of the place where it was signed (Estates Code §751.0023, Florida Statutes §709.2106). Each state guide is built from that state's own statutes and official forms, and an elder law attorney in your parent's state can confirm whether an older document meets that state's rules.
For the bigger picture on what these documents do, see power of attorney vs. advance directive.
What questions are worth asking?
These questions can help when you talk with an elder law attorney or with the person your parent names as agent:
- Which state's rules apply: where your parent lives now, or where an older document was signed?
- Is the document a statutory form or a custom one, and does that change the signing rules?
- Who can serve as the witnesses, and who is disqualified?
- Will the agent need to sign too, as in New York?
- Which banks will need a copy, and do they have their own requirements?
Every guide in state guides
Frequently asked questions
Does a power of attorney need to be notarized in California?
Not always. California Probate Code §4121 accepts acknowledgment before a notary or the signatures of two qualified adult witnesses, and the agent can't be one of them. The exception is California's Uniform Statutory Form Power of Attorney, which is legally sufficient only when your parent's signature is acknowledged.
Does a power of attorney need to be notarized in Texas?
Yes, for a durable power of attorney. Texas Estates Code §751.0021 requires your parent's signature to be acknowledged before an officer authorized to take acknowledgments to deeds and administer oaths, such as a notary public. Witnesses aren't among the listed requirements, and the notary fee is capped by statute.
Does a power of attorney need to be notarized in Florida?
Yes. Florida Statutes §709.2105 requires a power of attorney to be signed by your parent and by two subscribing witnesses, and acknowledged by your parent before a notary public. Florida requires both the witnesses and the notary, not one or the other, and caps the notary fee at $10 per notarial act (§117.05).
Does a power of attorney need to be notarized in New York?
It must be acknowledged in the manner used for a real estate deed, and a notary public is one of the officials who can take that acknowledgment. New York also requires two witnesses, and the agent must sign and have their own signature acknowledged before the power of attorney takes effect for them.
Does a power of attorney need to be notarized in Ohio?
Ohio's Revised Code 1337.25 requires your parent's signature, and acknowledging it before a notary makes the signature presumed genuine. Ohio's statutory form ends with a notary acknowledgment, and a power of attorney used for real estate must be acknowledged and recorded with the county recorder.
Does a power of attorney need to be notarized in Georgia?
Yes, in effect. Since 2018, O.C.G.A. §10-6B-5 has required one competent witness plus a second attestation under the deed-attestation statute, which Georgia's statutory form provides for with a notary's signature and seal. The witness and the notary must be different people, and neither can be named as an agent.
Does a power of attorney need to be notarized in North Carolina?
Yes. G.S. 32C-1-105 requires a power of attorney to be signed and acknowledged, which means verified before a notary public or another official authorized to take acknowledgments (G.S. 32C-1-119). A bank isn't required to accept a North Carolina power of attorney that hasn't been duly acknowledged, and the notary fee is capped by statute.
Does a power of attorney need to be notarized in Illinois?
Yes, for property. Under 755 ILCS 45/3-3.6, every Illinois power of attorney for property must bear a witness's signature and be notarized, and the statute bars certain relatives, agents and care providers from serving as either. Illinois's statutory health care form needs one witness and no notary.
Does a power of attorney need to be notarized in Michigan?
Not to be valid, but it needs a notary or two witnesses to be durable. Under MCL 556.205, a power of attorney signed before a notary, or before two witnesses who aren't agents, survives incapacity. Only a notarized one gets Michigan's seven-business-day rule for banks.
Does a power of attorney need to be notarized in Indiana?
Not necessarily. IC 30-5-4-1 accepts a notary or, for documents signed on or after March 31, 2020, two witnesses. A witness with an interest in the document, such as the named attorney in fact, can make it void if it can't be proved without that witness's testimony or signature.
Does a power of attorney need to be notarized in Arizona?
Yes. Under A.R.S. 14-5501, an Arizona financial power of attorney needs a notary's certificate under seal and one adult witness. The witness can't be the agent, the agent's spouse or children, or the notary, and the document must contain durability wording to survive incapacity.
Does a power of attorney need to be notarized in Washington?
Not necessarily. RCW 11.125.050 accepts a notary or two witnesses who aren't related to your parent or the agent and aren't your parent's care providers. Notarizing triggers the seven-business-day rule for banks, and the document needs durability wording to survive incapacity.
Does a power of attorney need to be notarized in Colorado?
Not to be valid. C.R.S. 15-14-705 requires only your parent's signature. But a notarized signature is presumed genuine, the bank-acceptance rules apply only to notarized powers of attorney, and one recorded for real estate must be acknowledged under C.R.S. 38-30-123.
Does a power of attorney need to be notarized in Wisconsin?
Not to be valid. Wis. Stat. 244.05 requires only your parent's signature, but a notarized signature is presumed genuine, and the rules limiting when a bank can refuse apply only to notarized powers of attorney. The state's form ends with a notary acknowledgment.
Does a power of attorney need to be notarized in Connecticut?
The statute requires a date, a signature and two witnesses. A notary acknowledgment isn't listed as a validity requirement, but it's needed for the bank rules, the statutory form and real estate, and it must be done in person: Connecticut bars online notarization of a power of attorney.
Does a power of attorney need to be notarized in Pennsylvania?
Yes. Under 20 Pa.C.S. § 5601, a Pennsylvania power of attorney must be acknowledged before a notary and witnessed by two adults, neither of whom can be the agent or the notary. It also needs a signed notice at the beginning and the agent's signed acknowledgment.
Does a medical power of attorney need to be notarized?
Not by statute in forty-eight of the fifty-one jurisdictions covered here. North Carolina and West Virginia require a notary along with two witnesses, and Missouri's must be notarized to stay durable. Montana's statutes set no signing rule, though its health department's forms page says to sign before a notary.
Getting started
Each state sets its own signing rules, so the first step is knowing which state's rules apply. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.
Sources
- California Probate Code §4121: Notary or two witnesses for a California power of attorney.
- California Probate Code §4402: The acknowledgment requirement for the statutory form.
- Texas Estates Code chapter 751: Requirements and acceptance rules for a Texas durable power of attorney.
- Florida Statutes §709.2105: Two witnesses and a notary for a Florida power of attorney.
- Florida Statutes §709.2106: When a power of attorney signed in another state is valid in Florida.
- Florida Statutes §709.2120: How quickly a Florida bank must accept or reject.
- New York General Obligations Law §5-1501B: Acknowledgments, witnesses and the agent's signature in New York.
- New York General Obligations Law §5-1504: Acceptance of a New York statutory short form.
- New York Attorney General, Health Care Proxy: No notary needed for a New York health care proxy.
- Texas Health and Safety Code chapter 166: Witness or notary rules for Texas health care documents.
- Ohio Revised Code 1337.25: Signing an Ohio power of attorney and the notary presumption.
- Ohio Revised Code 1337.12: Witnesses or a notary for an Ohio health care power of attorney.
- Georgia General Assembly, House Bill 897 (2018): The witness and attestation rule for a Georgia power of attorney and bank acceptance deadlines.
- Georgia Department of Human Services, Georgia Advance Directive for Health Care: The official form, two witnesses and no notary.
- North Carolina G.S. 32C-1-105: Signing and acknowledgment for a North Carolina power of attorney.
- North Carolina G.S. 32C-1-119: What "acknowledged" means for a North Carolina power of attorney.
- North Carolina G.S. 32A-16: Two qualified witnesses and a notary for a North Carolina health care power of attorney.
- Illinois Power of Attorney Act, 755 ILCS 45: Witness and notary rules for property (3-3.6), the statutory health care form (4-10), and liability for refusing an agent (2-8).
- MCL 556.205, Michigan power of attorney execution: Notary or two witnesses for a durable Michigan power of attorney.
- MCL 700.5506, Michigan patient advocate designation: Two witnesses for a Michigan health care designation.
- Indiana Code 30-5, Powers of Attorney: Notary or two witnesses, and the 2022 health care cutoff.
- Indiana Code 16-36-7, Advance Directives: Witness or notary rules for an Indiana advance directive.
- A.R.S. 14-5501: One witness and a notary for an Arizona power of attorney.
- A.R.S. 36-3221: One witness or a notary for an Arizona health care power of attorney.
- RCW 11.125, Washington Uniform Power of Attorney Act: Notary or two witnesses, durability and bank rules.
- RCW 70.122.030: Notary or two witnesses for a Washington health care directive.
- Colorado Revised Statutes Title 15 (2026): Signing rules for a Colorado power of attorney (15-14-705) and living will (15-18-106).
- Colorado Revised Statutes Title 38 (2026): Recording a power of attorney used for real estate (38-30-123).
- Wis. Stat. chapter 244: Signing and bank rules for a Wisconsin power of attorney.
- Wis. Stat. chapter 155: Two witnesses for a Wisconsin health care power of attorney.
- C.G.S. chapter 15c: Two witnesses for a Connecticut power of attorney.
- C.G.S. chapter 368w: Two witnesses for Connecticut health care documents.
- 20 Pa.C.S. Chapter 56: Notary, two witnesses, notice and acknowledgment for a Pennsylvania power of attorney.
- 20 Pa.C.S. Chapter 54: Two witnesses for a Pennsylvania health care power of attorney.
- Louisiana Civil Code art. 2993: The form of a Louisiana mandate.
- La. R.S. 40:1151.2: Two witnesses for a Louisiana living will declaration.
- M.G.L. c. 190B, § 5-501: Durable wording for a Massachusetts power of attorney.
- M.G.L. chapter 201D: Two witnesses for a Massachusetts health care proxy.
- Oklahoma Statutes Title 58: Signing and bank rules for an Oklahoma power of attorney.
- Oklahoma Statutes Title 63: Two witnesses for an Oklahoma advance directive.
- ORS chapter 127: Oregon's power of attorney and advance directive rules.
- K.S.A. 58-652: The durability test for a Kansas power of attorney.
- K.S.A. 58-629: Witnesses or a notary for a Kansas health care power of attorney.
- RSMo chapter 404: The durability test for Missouri financial and health care powers of attorney.
- NMSA 1978 Chapter 45, Article 5B: Signing and bank rules for a New Mexico power of attorney.
- NMSA 1978 Chapter 24, Article 7A: Signing rules for a New Mexico health care power of attorney.
- Utah Code Title 75A, Chapter 2: The notary rule for a Utah power of attorney.
- Utah Code Title 75A, Chapter 9: One witness for a Utah health care power of attorney.
- Code of Alabama § 26-1A-105, Alabama Uniform Power of Attorney Act: Signing rules for an Alabama power of attorney.
- Code of Alabama § 26-1A-120: When a person must act on a notarized Alabama power of attorney.
- Code of Alabama § 22-8A-4, Natural Death Act: Signing rules for Alabama health care documents.
- Alaska Statutes, AS 13.26.600 to 13.26.695, Powers of Attorney: Signing rules for an Alaska power of attorney.
- Alaska Statutes, AS 13.52, Health Care Decisions Act: Signing rules for Alaska health care documents.
- Act 805 of 2011, Uniform Power of Attorney Act: Signing rules for an Arkansas power of attorney.
- Act 974 of 2017, amending the Arkansas Healthcare Decisions Act: Signing rules for Arkansas health care documents.
- 12 Del. C. chapter 49A, subchapter I: Signing rules for a Delaware power of attorney.
- 16 Del. C. chapter 25, Uniform Health-Care Decisions Act (2023): Signing rules for Delaware health care documents.
- D.C. Code Title 21, Chapter 26, Uniform Power of Attorney Act: Signing rules for a District of Columbia power of attorney.
- D.C. Code Title 21, Chapter 22, Health-Care Decisions: Signing rules for District of Columbia health care documents.
- HRS chapter 551E, Uniform Power of Attorney Act: Signing rules for a Hawaii power of attorney.
- HRS chapter 327E, Uniform Health-Care Decisions Act (Modified): Signing rules for Hawaii health care documents.
- Idaho Code Title 15, Chapter 12, Uniform Power of Attorney Act: Signing rules for an Idaho power of attorney.
- Idaho Code Title 39, Chapter 45, Medical Consent and Natural Death Act: Signing rules for Idaho health care documents.
- Iowa Code chapter 633B, Iowa Uniform Power of Attorney Act: Signing rules for an Iowa power of attorney.
- Iowa Code chapter 144B, Durable power of attorney for health care: Signing rules for Iowa health care documents.
- Kentucky Revised Statutes Chapter 457, Uniform Power of Attorney Act (2006): Signing rules for a Kentucky power of attorney.
- Kentucky Revised Statutes Chapter 311, Kentucky Living Will Directive Act: Signing rules for Kentucky health care documents.
- Maine Revised Statutes, Title 18-C, Article 5: Signing rules for Maine powers of attorney and health care documents.
- Md. Code, Estates and Trusts § 17-110, Maryland General and Limited Power of Attorney Act: Signing rules for a Maryland power of attorney.
- Md. Code, Health - General § 5-602, Health Care Decisions Act: Signing rules for Maryland health care documents.
- Minnesota Statutes chapter 523, Powers of Attorney: Signing rules for a Minnesota power of attorney.
- Minnesota Attorney General, Powers of Attorney: Signing a Minnesota power of attorney in front of a notary.
- Minnesota Statutes chapter 145C, Health Care Directives: Signing rules for Minnesota health care documents.
- House Bill 849 (2017), as sent to the Governor: Signing rules for a Mississippi power of attorney.
- House Bill 546 (1998), Uniform Health-Care Decisions Act, as sent to the Governor: Signing rules for Mississippi health care documents.
- Montana Code Annotated, Uniform Power of Attorney Act (72-31 part 3): Signing rules for a Montana power of attorney.
- Montana Code Annotated, Powers of Attorney (72-5 part 5): Durability rules for a Montana health care power of attorney.
- Montana Department of Public Health and Human Services, Legal forms: The department's guidance on signing its health care power of attorney form.
- Nebraska Uniform Power of Attorney Act, Neb. Rev. Stat. 30-4001 to 30-4045: Signing rules for a Nebraska power of attorney.
- Neb. Rev. Stat. 30-3401 to 30-3432, Power of attorney for health care: Signing rules for Nebraska health care documents.
- NRS chapter 162A, Power of Attorney for Financial Matters and Durable Power of Attorney for Health Care Decisions: Signing rules for Nevada powers of attorney and health care documents.
- RSA 564-E, Uniform Power of Attorney Act: Signing rules for a New Hampshire power of attorney.
- RSA 137-J, Written Directives for Medical Decision Making: Signing rules for New Hampshire health care documents.
- N.J.S.A. 46:2B-8.1 to 46:2B-8.14, Revised Durable Power of Attorney Act: Signing rules for a New Jersey power of attorney.
- N.J.S.A. 26:2H-53 to 26:2H-78, New Jersey Advance Directives for Health Care Act: Signing rules for New Jersey health care documents.
- N.D.C.C. chapter 30.1-30, Uniform Durable Power of Attorney Act: Signing rules for a North Dakota power of attorney.
- N.D.C.C. chapter 23-06.5, Health Care Directives: Signing rules for North Dakota health care documents.
- R.I. Gen. Laws chapter 34-22, Powers: Signing rules for a Rhode Island power of attorney.
- R.I. Gen. Laws chapter 23-4.11, Rights of the Terminally Ill Act: Signing rules for Rhode Island health care documents.
- S.C. Code Title 62, Chapter 8, South Carolina Uniform Power of Attorney Act: Signing rules for a South Carolina power of attorney.
- S.C. Code Title 62, Chapter 5, Part 5, South Carolina Statutory Health Care Power of Attorney Act: Signing rules for South Carolina health care documents.
- South Dakota Codified Laws chapter 59-12, Uniform Power of Attorney Act: Signing rules for a South Dakota power of attorney.
- South Dakota Codified Laws chapter 34-12D, Living Wills: Signing rules for South Dakota health care documents.
- Tennessee Attorney General, Opinion No. 10-89 (2010): Signing rules for a Tennessee power of attorney.
- 2004 Tennessee Public Chapter 862, Tennessee Health Care Decisions Act: Signing rules for Tennessee health care documents.
- 14 V.S.A. chapter 127, Vermont Uniform Power of Attorney Act: Signing rules for a Vermont power of attorney.
- 18 V.S.A. chapter 231, Advance Directives for Health Care, Disposition of Remains, and Surrogate Decision Making: Signing rules for Vermont health care documents.
- Code of Virginia Title 64.2, Chapter 16, Uniform Power of Attorney Act: Signing rules for a Virginia power of attorney.
- Code of Virginia Title 54.1, Chapter 29, Article 8, Health Care Decisions Act: Signing rules for Virginia health care documents.
- W. Va. Code Chapter 39B, Uniform Power of Attorney Act: Signing rules for a West Virginia power of attorney.
- W. Va. Code Chapter 16, Article 30, West Virginia Health Care Decisions Act: Signing rules for West Virginia health care documents.
- Wyoming Statutes Title 3, Uniform Power of Attorney Act: Signing rules for a Wyoming power of attorney.
- Wyoming Statutes Title 35: Signing rules for Wyoming health care documents.
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