§PlainStatute

Family · Power of attorney

Power of Attorney Requirements by State: Notary and Witnesses

What each state requires to sign a valid durable financial power of attorney: notarization, how many witnesses, the statutory form, and whether it stays in effect if you become incapacitated. Each cited to the statute.

6 of 50 states published. Every state recognizes a financial power of attorney, but the signing rules, from notarization to the number of witnesses, differ a lot.A power signed the wrong way can be refused by a bank when you need it most, so the execution details matter. Every page links to the statute.

Read this first: signing it right, and making it durable

A financial power of attorney lets someone you name, your agent, act for you on money and property. To be valid it has to be signed the way your state requires, and that is where states differ most: some need only a notary, others require a notary and two witnesses. Sign it the wrong way and a bank or title company can refuse it.

The second thing that matters is durability. A power of attorney is most useful if it keeps working after you lose the ability to manage your own affairs, but in many states it only stays effective if it says so in the right words. These pages cover the financial power of attorney, which is separate from a health-care proxy or living will. Every figure links to the statute, and pages still pending verification say so.

Pick your state

The core signing rule, whether it is durable, and the statute on each card.

C

CA
California
Notary or two witnesses
In this state
Signing ruleNotary or 2 witnesses
Statute§§ 4121, 4128

F

FL
Florida
Notary and two witnesses
In this state
Signing ruleNotary + 2 witnesses
Statute§§ 709.2105, 709.2106

I

IL
Illinois
Notary and one witness
In this state
Signing ruleNotary + 1 witness
Statute755 ILCS 45/3-3

N

NY
New York
Notary and two witnesses
In this state
Signing ruleNotary + 2 witnesses
Statute§ 5-1501B

P

PA
Pennsylvania
Notary and two witnesses
In this state
Signing ruleNotary + 2 witnesses
Statute§§ 5601, 5601.4

T

TX
Texas
Notary, no witnesses
In this state
Signing ruleNotarization required
Statute§ 751.0021

What these pages are, and what they aren't

Each state page is a reference for how to sign a valid power of attorney and the special rules that apply. They are deliberately not advice for your case: the execution rules and the powers you can grant turn on the exact statute and your situation, so each page links to the statute and a way to find an estate-planning attorney. This is legal information, not legal advice.