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Power of Attorney Requirements by State (2026)

Updated August 3, 2026. Quick answer: the requirements differ enough between states that a form which is valid in one can be void in another. The two fields that decide it are how it must be signed and whether it is durable by default. Both are in the table.

Why this table exists

Almost every page on this subject is published by a company selling the form. That is not a reason to distrust them, but it does explain a consistent omission: several states publish a free official form, and a page selling you one has little reason to lead with that. This table names them.

It also carries the field that actually invalidates documents. Getting the witness count wrong does not produce a weaker power of attorney — it produces one a bank can reject and a court can disregard, discovered at the worst possible moment.

All 51 jurisdictions

Read from each state’s own statute, courts or agency site. 43 of 51 rows were verified against a primary source and are stated plainly; the rest are marked not verified and are shown rather than dropped, because an absent row reads as though a state has no requirements.

A note on what “verified” means here. A row qualifies when the execution requirements were read from the state’s own statute — that is the field that decides whether a document is valid. On some of those rows a secondary field, such as whether the agent must accept in writing, could not be pinned down; those are marked as not verified on the state’s own page rather than guessed at. We did not withhold a verified execution rule because a lesser field was uncertain.

JurisdictionHow it must be signedStatutory formDurability
Alabama (not verified)not verified
Alaska (not verified)not verified
ArizonaMust be signed by the principal (or by another person in the principal’s presence, at the principal’s direction), witnessed by one qualifying witness, AND notarized, with both principal and witness providing sworn statements before the notary.NoneMust say it is durable
Arkansas (not verified)not verified
CaliforniaAlternative, not cumulative: the POA must be dated and signed by the principal (or by another adult in the principal’s presence, at the principal’s direction), and EITHER acknowledged before a notary public OR signed by at least two qualifying witnesses (Prob. Code §§4121-4122). Notary and witnesses are not both required.In statuteMust say it is durable
ColoradoMust be signed by the principal, or in the principal’s conscious presence by another individual the principal directs. No witnesses required, and notarisation is not required for validity — a notarised signature is presumed genuine (C.R.S. §15-14-705; validity per §15-14-706).Durable by default — durable unless it expressly says it terminates on incapacity (§15-14-704(1))
ConnecticutMust be dated, signed by the principal (or in the principal’s conscious physical presence by another the principal directs), and witnessed by two witnesses. Notarisation is not required for validity — it presumes the signature genuine; a commissioner of the Superior Court may also take the acknowledgement (C.G.S. §1-350d).Durable by default — durable unless it expressly says it terminates on incapacity (§1-350c)
DelawareMust be dated, signed by the principal, signed in the presence of a notarial officer, AND signed in the presence of one adult witness who is not related to the principal and not a beneficiary under the power of attorney.In statuteMust say it is durable
District of ColumbiaMust be signed by the principal (or by another individual in the principal’s conscious presence, at the principal’s direction) and acknowledged before a notary public or other individual authorized to take acknowledgments; the statute states the power of attorney ‘is not valid unless’ notarized. No witness requirement.In statuteDurable by default
FloridaMust be signed by the principal, signed by two subscribing witnesses, AND acknowledged by the principal before a notary public (a notary may sign for a principal who is physically unable, in the presence of two disinterested witnesses).NoneMust say it is durable
Georgia (not verified)not verified
Hawaii (not verified)not verified
IdahoMust be signed by the principal (or by another individual in the principal’s conscious presence, at the principal’s direction). Notarization is NOT stated as mandatory for basic validity – instead, acknowledgment before a notary public creates a legal presumption that the signature is genuine. No witness requirement of any kind is stated.In statuteDurable by default
IllinoisNotary AND one witness both required: the principal’s signature must be acknowledged before a notary public and attested by at least one witness (the notary may not also serve as the witness); applies to both the statutory short form and any nonstatutory property power executed on or after June 9, 2000. A second witness is optional.Free official formDurable by default
Indiana (not verified)not verified
IowaNotarization (acknowledgment) required; no witnesses required. Must be signed by the principal, or in the principal’s conscious presence by another individual (not a prospective agent) directed by the principal, and acknowledged before a notary public or other authorized individual.Free official formDurable by default
KansasFor a durable power of attorney, K.S.A. 58-652 requires the instrument to be denominated ‘durable power of attorney,’ signed and dated by the principal, and the principal’s signature acknowledged per the revised uniform law on notarial acts (K.S.A. 53-501 et seq.); no witnesses are required by statute.NoneMust say it is durable
KentuckyKRS 457.050 requires only that the POA be signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal, with the reason stated); notarization is not strictly required for validity, but only an ‘acknowledged’ (notarized) POA is presumed genuine and qualifies for the Act’s mandatory third-party acceptance rules. No witnesses are required at any point.Free official formDurable by default
Louisiana (not verified)not verified
MaineMust be signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal) and acknowledged before a notary public or other individual authorized to take acknowledgments; the Act states no witness requirement.NoneDurable by default
MarylandFor POAs executed after October 1, 2010: must be signed by the principal (or a designee in the principal’s physical presence), acknowledged before a notary public, AND attested and signed by two or more adult witnesses in the presence of the principal and each other — notary and witnesses are both required, not alternatives.Free official formDurable by default
MassachusettsG.L. c.190B §5-501 requires only a signed writing containing express durability language (e.g., ‘This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time’ or similar wording); §§5-501–5-507 do not themselves require notarization or witnesses.NoneMust say it is durable
MichiganNew act from 1 July 2024 (MCL §556.205; the old MCL 700.5501–5505 are repealed). Effectiveness and durability are separately tested: a signature by the principal (or another in the principal’s conscious presence) makes it effective; to be durable it must be acknowledged before a notary or signed before 2 witnesses who also sign. Where another person signed for the principal, 2 witnesses are required regardless of acknowledgement.Must be earned — not durable by default; see the notary-or-witnesses test (§556.205(2)–(3))
MinnesotaNotarization (acknowledgment before a notary public or other authorized official) is required; no witnesses are required. The statutory short form also requires the agent to sign an acknowledgment of the ‘Important Notice to Attorney(s)-in-Fact,’ which is explicitly marked ‘Notarization not required.’In statuteMust say it is durable
Mississippi (not verified)not verified
MissouriThe power of attorney must be denominated a ‘Durable Power of Attorney,’ include one of two specific statutory durability statements, and be subscribed by the principal, dated, and acknowledged in the manner prescribed by law for conveyances of real estate (RSMo 404.705.1). Missouri’s real-estate acknowledgment statute (RSMo 442.150) requires acknowledgment before a notary public or other authorized officer/court — no witnesses are required by either statute.NoneMust say it is durable
MontanaA POA is validly executed and effective if simply signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal), with no witnesses and no notarization required for basic validity; however, notarized (“acknowledged”) execution is needed to trigger the signature-genuineness presumption and the mandatory third-party acceptance duties.Free official formDurable by default
NebraskaA POA must be signed by the principal (or by another in the principal’s conscious presence at the principal’s direction) and, unlike the base Uniform Act text, is affirmatively “not valid unless it is acknowledged before a notary public or other individual authorized by law to take acknowledgments”; no witnesses are required.Free official formDurable by default
NevadaA POA must be signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal), with a signature presumed genuine only if acknowledged before a notary public; notarization is not mandatory for basic validity and no witnesses are required, though a principal residing in a hospital/facility must have a competency certification attached.Free official formDurable by default
New HampshireExecution requirements vary by POA type: a “general power of attorney” must be signed and acknowledged before a notary public plus have a statutory disclosure statement affixed; a power to convey real estate likewise must be signed and notarized; any other (limited) POA need only be signed, with notarization only creating a presumption of genuine signature. No witnesses are required for any type.Free official formDurable by default
New JerseyUnder N.J.S.A. 46:2B-8.9, a POA ‘must be in writing, duly signed and acknowledged’ per R.S.46:14-2.1 — the principal appears before a notary public, attorney-at-law, county clerk/deputy, or register of deeds/surrogate and acknowledges the signature; the statute states no separate witness requirement for the power of attorney itself.NoneMust say it is durable
New MexicoNMSA 1978 § 45-5B-105 requires only that the POA ‘be signed by the principal or in the principal’s conscious presence by another individual directed by the principal’; notarization is not mandatory for validity but a signature ‘is presumed to be genuine’ if acknowledged before a notary — no witnesses are required, though acknowledgment is functionally necessary to gain third-party reliance/compelled-acceptance protections.Free official formDurable by default
New YorkGOL § 5-1501B requires the POA to be signed, initialed and dated by the principal, with the signature ‘duly acknowledged in the manner prescribed for the acknowledgment of a conveyance of real property’ (notarized) AND witnessed by two persons who are not named in the instrument as agents or as permissible recipients of gifts; since the June 13, 2021 amendment, the agent must also separately sign and acknowledge the instrument, and the POA is not effective as to that agent until the agent’s signature is acknowledged. Directly re-verified against current statutory text.Free official formDurable by default
North CarolinaUnder G.S. 32C-1-105 a POA must be (i) signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal) and (ii) acknowledged before a notary public or other official authorized to take acknowledgments; no witnesses are required.Free official formDurable by default
North DakotaN.D.C.C. ch. 30.1-30 (North Dakota’s older Uniform Durable Power of Attorney Act, based on the pre-2006 UPC §§5-501–5-505) requires only a signed writing containing specific durability language (§30.1-30-01); the chapter states no notarization or witness requirement for execution.NoneMust say it is durable
OhioR.C. 1337.25 requires only that the POA be signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal); acknowledgment before a notary public is not mandatory but creates a presumption that the signature is genuine, and no witnesses are required.Free official formDurable by default
OklahomaA POA need only be signed by the principal (or, in the principal’s conscious presence, by another individual directed by the principal); notarization is optional and merely creates a rebuttable presumption of genuine signature, and no witnesses are required at all. 58 O.S. § 3005.In statuteDurable by default
OregonORS 127.005(1) requires only that the principal designate an agent ‘by a power of attorney in writing’; no notarization and no witnesses are required by the statute for validity or effectiveness.NoneDurable by default
PennsylvaniaFor a POA executed on or after January 1, 2015 (Act 95 of 2014), the principal’s signature (or mark, or another individual’s signature at the principal’s direction) must be BOTH acknowledged before a notary public AND witnessed by two individuals 18 or older — notarization and witnesses are cumulative requirements, not alternatives. 20 Pa.C.S. § 5601(b)(3), independently re-verified against current statutory text.In statuteDurable by default
Rhode IslandThe statutory short form must be in writing and duly acknowledged by the principal in the manner prescribed for acknowledgment of a real property conveyance (i.e., before a notary or authorized officer); no attesting witnesses are required.In statuteMust say it is durable
South CarolinaA power of attorney must be signed by the principal, attested with the same formality and witness requirements as a South Carolina will (i.e., at least two witnesses per § 62-2-502), and acknowledged/proved per § 30-5-30.NoneDurable by default
South DakotaThe power of attorney must be signed by the principal (or, in the principal’s conscious presence, by another individual directed to sign) and the signature must be acknowledged before a notary public or other individual authorized to take acknowledgments (§ 59-12-4); no attesting witnesses are required.Free official formMust say it is durable
TennesseeA power of attorney must be signed by the principal, or by another individual in the principal’s conscious presence at the principal’s direction; the statute does not require witnesses, and notarization/acknowledgment is not mandatory for validity but creates a rebuttable presumption that the signature is genuine.In statuteDurable by default
TexasA durable power of attorney must be signed by the principal (or, in the principal’s conscious presence, by another adult the principal directs), and the signature must be acknowledged before a notary public or other officer authorized under Texas or another state’s law to take acknowledgments to deeds of conveyance and administer oaths; the statute does not require any witnesses.In statuteMust say it is durable
UtahAs of the 5/7/2025 amendment, a principal (or another individual signing in the principal’s conscious presence at the principal’s direction) must sign the power of attorney before a notary public or other individual authorized to take acknowledgments, and the principal must have sufficient mental capacity to understand that an agent is being appointed to handle financial affairs; the statute does not require any witnesses.Free official formDurable by default
VermontA power of attorney must be signed by the principal, or in the principal’s conscious presence by another individual directed by the principal to sign; notarization is optional and only creates a rebuttable presumption that the signature is genuine, and no witnesses are required at all.Free official formDurable by default
VirginiaA power of attorney must be signed by the principal, or in the principal’s conscious presence by another individual directed by the principal to sign; notarization is not mandatory for validity — it only creates a presumption of genuineness (and is separately needed only if the instrument is to be recorded under § 55.1-600) — and Virginia’s UPOAA imposes no witness requirement.NoneDurable by default
WashingtonRCW 11.125.050(1): the principal’s signature must be EITHER acknowledged before a notary public (or other individual authorized to take acknowledgments) OR attested by two or more qualifying competent witnesses — these are alternative valid methods, not cumulative (you do not need both).NoneMust say it is durable
West VirginiaThe power of attorney must be signed by the principal (or by another individual in the principal’s conscious presence at the principal’s direction) and must be acknowledged by the principal before a notary public or other person authorized by law to take acknowledgments; no witnesses are required.Free official formDurable by default
WisconsinThe principal (or another adult signing at the principal’s express direction and in the principal’s physical presence) must sign the power of attorney; that is the only mandatory act. Notarized acknowledgment, or an alternative supervised two-witness remote/videoconference procedure with strict conditions, are not required for basic validity but each independently creates a rebuttable presumption of genuine signature and ‘acknowledged’ status needed to trigger the mandatory third-party acceptance regime.Free official formDurable by default
WyomingThe power of attorney must be signed by the principal (or by another person in the principal’s conscious presence at the principal’s direction); that is the only mandatory execution act. A signature is merely ‘presumed to be genuine’ if acknowledged before a notary public or other person authorized to take acknowledgments — notarization is not mandatory for validity, only for the genuineness presumption. No witnesses are required or mentioned.Free official formDurable by default

This table is archived as a citable open dataset: DOI 10.5281/zenodo.21782491 (CC BY 4.0). Every row carries its statute citation, source URL and verification status.

Two questions this table does not answer

The two things to take from this

1. Check your own state’s signing requirements before you sign anything. Not a summary of them — the statute, or an official form built to satisfy it.

2. Check whether your state makes a power of attorney durable by default. Where it does not, a document that omits the words ends at exactly the moment it was written for. Durable versus springing.

Related: which states publish a free official form · whether yours travels · what to do when a bank will not accept it.

Not primary-verified: Alabama, Alaska, Arkansas, Colorado, Connecticut, Georgia, Hawaii, Indiana, Louisiana, Michigan, Mississippi, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.