In plain English
It can be limited to one task or broad and durable. The principal must be willing and understand what they sign. Many states require notarization.
Notaries cannot advise which form to use.
Why it matters
Banks, hospitals and title companies often reject a power of attorney that is improperly signed or notarized, or that uses wording they do not accept. Discovering that during an emergency can leave the agent unable to act when it counts.
The principal must be willing and able to sign. If a notary has doubts about either, the signing may be stopped.
Worked example
A parent signs a limited the area allowing an adult child to sell a car while the parent is abroad.
What to do
- Get the form from an attorney or from the institution that will rely on it.
- Ask the institution whether it accepts the form and what notarization or witnesses it needs.
- Have the principal bring valid ID and attend personally.
- Let the principal speak for themselves at the signing.
- Give copies to the agent and the institutions that need them.
Common mistakes
- Waiting until the principal is very ill can make the signing impossible if the notary has capacity concerns.
- Asking the notary which type of the area to use puts them in a position they cannot take, and delays the signing.
- Having the agent book and speak for the principal can make the notary question willingness.
Not the same as: Healthcare proxy
A power of attorney usually covers financial or legal matters, while a healthcare proxy names someone for medical decisions; which documents someone needs is a question for an attorney. See Healthcare proxy.
Go deeper
- Signing a Durable Power of Attorney: Notary Steps: A durable the area stays in force if the signer loses capacity. See the signing steps, ID checks, and witness questions for this document.
- Limited Power of Attorney for One Task or Sale: A limited the area grants authority for a single purpose. See how it differs from a general one and what the notary verifies at signing.
Try it
Related terms
- Process server: A person who delivers legal papers to the other party in a case and records how and when.
- Quitclaim deed: A deed that transfers whatever interest the grantor has, without promises about the title.
- Oath and affirmation: A spoken promise to tell the truth. An oath calls on a higher power; an affirmation does not.
Common questions
What is a power of attorney?
A document that lets one person (the agent) act for another (the principal) on stated matters.
Can you give an example of power of attorney?
A parent signs a limited the area allowing an adult child to sell a car while the parent is abroad.
Can the agent be present during the signing?
Often yes, but the notary may ask to speak with the principal alone to confirm willingness.
Does a power of attorney have to be notarized?
Many states and institutions require it. Check with the institution or attorney involved.
General information, not legal advice. Rules vary by state and change; check with your state's commissioning office.