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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

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.

StateNotaryWitnessesStatute
AlabamaOptional: notarizing triggers the bank rulesNot requiredCode of Ala. § 26-1A-105
AlaskaRequiredNot requiredAS 13.26.600
ArizonaRequired, along with a witnessOne, not the agent, the agent's spouse or children, or the notaryA.R.S. 14-5501
ArkansasOptional: notarizing makes the signature presumed genuineNot requiredA.C.A. 28-68-105
CaliforniaNotary or two witnesses; the statutory form needs the notaryTwo adults, not the agentProbate Code §§4121, 4122, 4402
ColoradoOptional: notarizing makes the signature presumed genuine and triggers the bank rulesNot requiredC.R.S. 15-14-705
ConnecticutNeeded for the bank rules, the statutory form and real estate; online notarization barredTwo requiredC.G.S. 1-350d
DelawareRequiredOne adult, not a relative or heir12 Del. C. § 49A-105
District of ColumbiaRequiredNot requiredD.C. Code § 21-2601.05
FloridaRequiredTwo subscribing witnesses, in addition to the notaryFlorida Statutes §709.2105
GeorgiaRequired: a second attestation, by a notary on the statutory formOne competent witness, not named as an agentO.C.G.A. §10-6B-5, as amended in 2018
HawaiiOptional: notarizing triggers the bank rulesNot requiredHRS 551E-3
IdahoOptional; needed to record itNot requiredIdaho Code 15-12-105
IllinoisRequiredOne witness; certain relatives, agents and care providers can't be the witness or the notary755 ILCS 45/3-3.6
IndianaNotary, or two witnesses insteadTwo; an interested witness can make it voidIC 30-5-4-1
IowaRequiredNot requiredIowa Code 633B.105
KansasRequired for it to be durable, with the durable label and wordingNot requiredK.S.A. 58-652
KentuckyOptional: notarizing triggers the bank rulesNot required since 2020KRS 457.050
LouisianaNot required by the mandate articles, but a gift needs an authentic act before a notaryTwo, only when an authentic act is requiredLa. Civil Code arts. 2993, 1541, 1833
MaineRequiredNot required18-C M.R.S. § 5-905
MarylandRequired; the notary may be one of the witnessesTwo adultsEstates and Trusts § 17-110
MassachusettsNot required for validity; needed to record it for real estateNot requiredM.G.L. c. 190B §§ 5-501 to 5-507; c. 183 § 32
MichiganNotary or two witnesses, needed for it to be durableTwo, neither named as an agent; one may be the notaryMCL 556.205
MinnesotaRequired for the statutory short formNot requiredMinn. Stat. 523.01, 523.23
MississippiNo notary rule in the sections read; needed to record itNot requiredMiss. Code § 87-3-7, 87-3-1
MissouriRequired for it to be durable, with the durable title and statementNot requiredRSMo 404.705
MontanaOptional: notarizing triggers the bank rulesNot requiredMCA 72-31-305
NebraskaRequiredNot requiredNeb. Rev. Stat. 30-4005
NevadaNot required by the statute, but the statutory form says it's neededNot requiredNRS 162A.220
New HampshireRequired for a general power of attorney, with a signed disclosure statementNot requiredRSA 564-E:105
New JerseyRequired, before a notary or an attorneyNot requiredN.J.S.A. 46:2B-8.9
New MexicoOptional: notarizing makes the signature presumed genuine and is needed to record itNot requiredNMSA 45-5B-105
New YorkAcknowledgment required, for your parent and for the agentTwo, not named as agents or gift recipientsGeneral Obligations Law §5-1501B
North CarolinaRequired: acknowledgmentNot among the listed requirementsG.S. 32C-1-105
North DakotaNo notary rule in chapter 30.1-30Not requiredN.D.C.C. 30.1-30-01
OhioAcknowledgment makes the signature presumed genuine; required for real estate useNot among the listed requirementsRevised Code 1337.25, 1337.04
OklahomaOptional: notarizing makes the signature presumed genuine and triggers the bank rulesNot required58 O.S. § 3005
OregonNo notary rule in ORS 127.002 to 127.045; must be acknowledged or proved to record it for real estateNot requiredORS 127.005, 93.670
PennsylvaniaRequired, and not the agentTwo adults, not the agent, the notary or anyone signing for your parent20 Pa.C.S. § 5601
Rhode IslandRequired for the statutory short formNot requiredR.I. Gen. Laws § 18-16-2
South CarolinaRequiredTwo, as for a willS.C. Code § 62-8-105
South DakotaRequiredNot requiredSDCL 59-12-4
TennesseeNo notary rule in the sources we readNo witness rule in the sources we readTenn. Code Ann. § 34-6-101 ff.
TexasRequired: acknowledgment before a notary or similar officerNot among the listed requirementsEstates Code §751.0021
UtahRequiredNot requiredUtah Code 75A-2-105
VermontOptional: notarizing triggers the bank rulesNot required14 V.S.A. § 4005
VirginiaOptional: notarizing triggers the bank rulesNot requiredVa. Code § 64.2-1603
WashingtonNotary or two witnessesTwo, not relatives of your parent or the agent, or your parent's care providersRCW 11.125.050
West VirginiaRequiredNot requiredW. Va. Code § 39B-1-105
WisconsinOptional: notarizing makes the signature presumed genuine and triggers the bank rulesNot requiredWis. Stat. 244.05
WyomingOptional: notarizing triggers the bank rulesNot requiredW.S. 3-9-105

A few details change the answer within a state:

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:

StateHealth care documentWhat it needs
AlabamaAdvance directive for health careTwo witnesses 19 or older, not relatives or heirs; no notary
AlaskaAdvance health care directiveTwo qualified witnesses or a notary
ArizonaHealth care power of attorney and living willOne adult witness or a notary
ArkansasDurable power of attorney for health care; living willA notary or two witnesses; not the agent, and one not a relative or heir
CaliforniaAdvance health care directiveA notary or two qualified witnesses; a skilled nursing facility resident also needs a patient advocate or ombudsman as a witness
ColoradoMedical durable power of attorney; living willNo statutory signing rule for the MDPOA; two witnesses or a notary for a living will
ConnecticutLiving will and appointment of health care representativeTwo witnesses, no notary; the representative can't witness
DelawareAdvance health-care directiveOne adult witness who isn't the agent; no notary
District of ColumbiaDurable power of attorney for health care; declarationTwo adult witnesses, no notary; at least one unrelated for the health care power, and neither related for a declaration
FloridaLiving will and designation of health care surrogateTwo subscribing witnesses; the statutes don't mention a notary
GeorgiaGeorgia Advance Directive for Health CareTwo witnesses; the state's form says it doesn't need to be notarized
HawaiiAdvance health-care directiveTwo qualified witnesses or a notary
IdahoAdvance care planning documentRequired contents and a signature; witnesses and a notary are optional
IllinoisPower of attorney for health care; living willOne adult witness and no notary on the statutory health care form; two witnesses for a living will
IndianaAdvance directiveTwo adult witnesses, at least one not a spouse or relative, or a notary
IowaDurable power of attorney for health care; living willTwo witnesses, one not a close relative, or a notary
KansasDurable power of attorney for health care decisions; living willTwo qualified adult witnesses or a notary
KentuckyLiving will directive and health care surrogateTwo adult witnesses or a notary; relatives and heirs can't serve
LouisianaHealth care mandate; living will declarationNo signing rule for the mandate in the articles read; two witnesses, not relatives or heirs, for a declaration
MaineAdvance health care directiveTwo witnesses, in person; no notary
MarylandAdvance directiveTwo witnesses, no notary; the agent can't witness
MassachusettsHealth care proxyTwo adult witnesses, not the agent; no notary
MichiganPatient advocate designationTwo qualified witnesses; the statute offers no notary alternative, and the advocate signs an acceptance
MinnesotaHealth care directiveA notary or two witnesses; the agent can't witness
MississippiAdvance health-care directiveTwo qualified witnesses or a notary
MissouriDurable power of attorney for health care; living will declarationA notary for the health care power of attorney to stay durable; two witnesses for a declaration
MontanaHealth care power of attorney; living will declarationDurability 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
NebraskaPower of attorney for health care; living will declarationTwo qualified adult witnesses or a notary
NevadaAdvance health-care directive; declarationA notary or two adult witnesses; two witnesses for a declaration
New HampshireDurable power of attorney for health care and living willTwo qualified witnesses, or a notary or justice of the peace
New JerseyProxy directive; instruction directiveTwo adult witnesses or a notary; the representative can't witness
New MexicoPower of attorney for health care; individual instructionsIn writing and signed; the state form recommends two witnesses but doesn't require them
New YorkHealth care proxyTwo adult witnesses; the Attorney General says "You don't need a lawyer or a notary"
North CarolinaHealth care power of attorney and living willTwo qualified witnesses and a notary
North DakotaHealth care directiveA notary or two adult witnesses; relatives and heirs can't serve
OhioDurable power of attorney for health care and living willTwo qualified adult witnesses or a notary
OklahomaAdvance directive for health careTwo adult witnesses who aren't heirs or will beneficiaries; no notary. A new law takes effect July 1, 2027
OregonAdvance directive; appointment of health care representativeTwo adult witnesses or a notary; the representative must accept
PennsylvaniaHealth care power of attorney and living willTwo adult witnesses, no notary required
Rhode IslandDurable power of attorney for health care; living willTwo witnesses or a notary; two unrelated witnesses for a living will
South CarolinaHealth care power of attorney; declaration of a desire for a natural deathTwo qualified witnesses, notary optional; a declaration needs a notary and two witnesses
South DakotaDurable power of attorney for health care; living will declarationTwo adult witnesses or a notary
TennesseeAdvance directive for health careA notary or two witnesses; one unrelated and not an heir
TexasMedical Power of Attorney and Directive to PhysiciansTwo qualified witnesses or a notary
UtahAdvance health care directive naming an agentOne adult witness, not the agent or the agent's spouse; no notary
VermontAdvance directiveTwo adult witnesses, no notary; close family and the agent can't witness
VirginiaAdvance medical directiveTwo adult witnesses, no notary; relatives may witness
WashingtonHealth care directiveA notary or two qualified witnesses
West VirginiaMedical power of attorney; living willTwo adult witnesses, not relatives, plus a notary
WisconsinPower of attorney for health care; living willTwo qualified witnesses, no notary
WyomingPower of attorney for health careA 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:

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:

StateMaximum fee for an acknowledgmentSource
Alabama$10 per notarial actCode of Ala. § 36-20-74
AlaskaNo cap; the fee section was repealed in 2005Alaska Lieutenant Governor
ArizonaUp to $10 per notary public signature (A.A.C. R2-12-1102)Arizona Notary Public Reference Manual
ArkansasNo cap; a reasonable fee agreed in advanceArkansas Secretary of State
California$15 for each signature taken; $20 from January 1, 2027 under AB 1597Government Code §8211
Colorado$15 per document; $25 for electronic or remoteColorado Secretary of State
Connecticut$10 per act, since July 1, 2026Connecticut Secretary of the State
Delaware$5 per act on paper; $25 electronic29 Del. C. § 4311
District of Columbia$5 per acknowledgment; $25 for remote17 DCMR § 2425
Florida$10 for any one notarial actFlorida Statutes §117.05
Georgia$2.00 for each notarial actGSCCCA, Georgia Notary Law
Hawaii$5 for each party signing; $25 for remoteHRS 456-17
Idaho$5 per notarial actIdaho Secretary of State
Illinois$5 for any notarial act, non-electronic5 ILCS 312/3-104
Indiana$10 per signature for an acknowledgmentIC 33-42-14-1
IowaNo cap found; a reasonable feeIowa Secretary of State
KansasNo cap found; the fee must be agreed in advanceKansas Secretary of State
KentuckyNo cap found; the fee must be disclosed in advanceKRS 423.430
LouisianaNo statutory fee scheduleLouisiana Secretary of State
MaineNo statutory fee; disclosed and agreed in advanceMaine Secretary of State
Maryland$8 per act; $30 for remoteCOMAR 01.02.08.02
MassachusettsNo cap; the $1.25 cap in c. 262 § 41 covers only noting a dishonored noteTrial Court Law Libraries
Michigan$10.00 for any individual transaction or notarial actMCL 55.285
Minnesota$5 for most notarial actsMinnesota Secretary of State
MississippiUp to $5 for services renderedMississippi Secretary of State, § 25-34-9
Missouri$5 per signatureRSMo 486.685
Montana$10 per notarial actMontana Secretary of State
Nebraska$5 per acknowledgmentNeb. Rev. Stat. 33-133
Nevada$15 for the first signature; $7.50 for each additionalNRS 240.100
New Hampshire$10 per act; $25 for remoteRSA 455:11
New Jersey$2.50 per acknowledgmentNotary Public Manual
New Mexico$5 per acknowledgmentNMSA 14-14A-28
New York$2 for each person whose acknowledgment is takenExecutive Law §136
North Carolina$10.00 per notarized principal signatureG.S. 10B-31
North Dakota$5 per notarial actNorth Dakota Secretary of State
OhioUp to $5 for a notarial act that isn't an online notarization, not per signatureRevised Code 147.08
Oklahoma$5 per notarial actOklahoma Secretary of State
Oregon$10 per act; $25 for remoteOregon Secretary of State
Pennsylvania$5 for the first name, $2 for each additional4 Pa. Code § 167.3
Rhode Island$25 per notarial actR.I. Gen. Laws § 42-30.1-20.1
South Carolina$5 per signatureS.C. Code 26-1-100
South DakotaNo cap since 2025SDCL 18-1-9
TennesseeNo cap; a reasonable feeTennessee Secretary of State
Texas$10 for the first signature, $1 for each additionalGovernment Code §406.024
Utah$10 per signature; $25 for remoteUtah Code 46-1-12
VermontNo cap foundVermont Secretary of State
Virginia$10 per acknowledgmentVa. Code § 47.1-19
Washington$15.00 for taking an acknowledgmentWAC 308-30-220
West Virginia$10 per signatureW. Va. Code § 39-4-30
Wisconsin$5 per document for an acknowledgmentWis. Stat. 140.02
Wyoming$10 per notarial actW.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:

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.

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Sources

Retirement Checklist explains how these documents work; it is not a law firm, and this page is not legal, financial or medical advice. Decisions belong to your parent, ideally with a qualified professional in their state.

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