Power of Attorney
In one sentence
A legal document authorizing someone to act on your behalf in financial or medical decisions.
Plain English
A power of attorney is a document you sign giving another person (called an agent or attorney-in-fact) the authority to make decisions and sign documents for you. You can make it broad (covering all financial matters) or narrow (only for selling a specific property). It takes effect immediately or only if you become incapacitated, depending on what you choose.
Example
Maria signs a durable power of attorney naming her daughter as her agent. If Maria has a stroke and cannot manage her finances, her daughter can pay bills, access bank accounts, and handle investments without going to court.
Used in a sentence
“He granted his wife a power of attorney so she could manage his business affairs while he was deployed overseas.”
How Power of Attorney differs by state
Power of Attorney can apply differently depending on the state. Click a state to see local specifics.
Alabama
Alabama requires powers of attorney to be notarized and follow statutory form requirements for validity.
Alaska
Alaska recognizes durable powers of attorney and allows them to remain effective even after the principal's incapacity.
Arizona
Arizona requires strict compliance with statutory form and notarization for all powers of attorney to be valid.
Arkansas
Arkansas recognizes durable powers of attorney and requires notarization and witness signatures for validity.
California
California requires statutory form compliance and notarization; durable powers of attorney survive incapacity only if properly executed.
Colorado
Colorado requires a notarized signature and specific statutory language for durable powers of attorney to survive incapacity.
Connecticut
Connecticut requires specific statutory form language and notarization; powers of attorney automatically expire after five years unless renewed.
Delaware
Delaware recognizes both statutory and non-statutory powers of attorney; durable powers require explicit language to survive incapacity.
Florida
Florida requires strict statutory form compliance and notarization; powers of attorney are durable by default unless you specify otherwise.
Georgia
Georgia requires notarization and specific statutory language; durable powers of attorney must explicitly state they survive incapacity.
Hawaii
Hawaii requires POAs to be notarized and follow specific statutory language for validity.
Idaho
Idaho honors both durable and non-durable POAs; durable POAs survive incapacity unless revoked.
Illinois
Illinois requires strict compliance with statutory form requirements; non-compliance can render a POA invalid.
Indiana
Indiana recognizes durable POAs that survive incapacity; the document must clearly express durability intent.
Iowa
Iowa requires POAs to be in writing and signed; durable POAs must explicitly state durability.
Kansas
Kansas requires powers of attorney to be notarized and follow the Uniform Power of Attorney Act framework.
Kentucky
Kentucky recognizes durable powers of attorney that survive incapacity if explicitly stated in the document.
Louisiana
Louisiana treats powers of attorney as mandates under civil law, requiring notarization and specific formal language.
Maine
Maine requires powers of attorney to be notarized and allows agents broad authority unless specifically limited.
Maryland
Maryland requires notarization and recognizes durable powers of attorney that survive incapacity if properly executed.
Massachusetts
Massachusetts requires powers of attorney to be notarized and witnessed by two disinterested parties.
Michigan
Michigan requires specific statutory language and notarization for durable powers of attorney to be valid.
Minnesota
Minnesota requires powers of attorney to be notarized and permits both immediate and springing effective dates.
Mississippi
Mississippi requires notarization and permits durable powers of attorney under its Uniform Power of Attorney Act.
Missouri
Missouri requires notarization and recognizes durable powers of attorney under the Uniform Power of Attorney Act.
Montana
Montana requires POAs to be notarized and specifically authorizes durable POAs that survive incapacity.
Nebraska
Nebraska requires POAs to be notarized and recognizes both durable and non-durable powers of attorney.
Nevada
Nevada recognizes durable POAs and requires specific language or a separate acknowledgment for durability.
New Hampshire
New Hampshire requires specific statutory language or a separate durability acknowledgment for durable POAs.
New Jersey
New Jersey requires POAs to be notarized and permits durable POAs with explicit durability language.
New Mexico
New Mexico requires powers of attorney to be notarized and allows them to remain valid even if the principal becomes incapacitated.
New York
New York requires specific statutory language or substantially similar terms for powers of attorney to be valid and recognized.
North Carolina
North Carolina requires powers of attorney to be notarized and allows agents broad authority unless the principal restricts it in writing.
North Dakota
North Dakota follows the Uniform Power of Attorney Act and permits agents to act immediately unless the power is designated as springing.
Ohio
Ohio requires powers of attorney to be notarized and recognizes durable powers that survive incapacity when properly designated.
Oklahoma
Oklahoma requires powers of attorney to be notarized and allows them to remain valid even after the principal becomes incapacitated.
Oregon
Oregon requires specific statutory language or substantially similar terms for a power of attorney to be valid and durable.
Pennsylvania
Pennsylvania requires powers of attorney to follow statutory form requirements and be notarized, with strict compliance rules for validity.
Rhode Island
Rhode Island requires powers of attorney to be notarized and permits durable powers that survive the principal's incapacity.
South Carolina
South Carolina requires powers of attorney to be notarized and allows durable powers that survive incapacity if properly designated.
South Dakota
South Dakota requires powers of attorney to be notarized and allows agents broad authority unless the document explicitly limits their powers.
Tennessee
Tennessee requires strict compliance with statutory form requirements and mandates specific language to create a durable power of attorney.
Texas
Texas requires powers of attorney to be notarized and recognizes both statutory and non-statutory forms, with statutory forms receiving stronger legal presumption.
Utah
Utah requires notarization and recognizes durable powers of attorney by default, allowing broad agent authority unless explicitly limited.
Vermont
Vermont requires notarization and recognizes durable powers of attorney by default, with specific rules protecting healthcare decisions.
Virginia
Virginia requires powers of attorney to be notarized and allows agents to act immediately unless you specify otherwise.
Washington
Washington requires strict compliance with statutory language and allows agents broad authority unless you explicitly limit their powers.
West Virginia
West Virginia requires notarization and allows you to name successor agents if your primary agent cannot serve.
Wisconsin
Wisconsin requires notarization and allows agents to act on your behalf for healthcare decisions through a separate healthcare power of attorney.
Wyoming
Wyoming requires notarization and allows durable powers of attorney that survive incapacity without additional formalities.
District of Columbia
DC requires powers of attorney to be notarized and witnessed by two disinterested parties to be valid.
Related terms
Living Will
A document stating your wishes about life-sustaining medical treatment if you become unable to communicate.
Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Probate
The court process of validating a will and distributing a deceased person's estate.
Executor
The person appointed to carry out the instructions in a will.
Legal Capacity
The legal and mental ability to enter into a binding contract.
Acceptance
Agreeing to the exact terms of an offer, creating a binding contract.
Intestate Succession
The legal process of distributing a deceased person's property when they leave no valid will.
Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
This page is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.