Power of Attorney Requirements by State
A financial power of attorney lets someone you choose (your agent) handle money and property for you. Each state sets how it must be signed: some require a notary, some require witnesses, some accept either, and some only recommend notarization.
50 states and DC compared. Last checked .
Compare power of attorney requirements
Many states have adopted the Uniform Power of Attorney Act, which makes the rules more alike from state to state. The table compares the signing rules and adoption of the act.
51 of 51 shown
| Sources | ||||
|---|---|---|---|---|
| ALAlabama | Optional, recommended | None | Adopted (2011) | |
| AKAlaska | Required | None | Not adopted | |
| AZArizona | Required | 1 witness | Not adopted | |
| ARArkansas | Optional, recommended | None | Adopted (2011) | |
| CACalifornia | Notary or witnesses | 2 witnesses | Not adopted | |
| COColorado | Optional, recommended | None | Adopted (2009) | |
| CTConnecticut | Optional, recommended | 2 witnesses | Adopted (2015) | |
| DEDelaware | Required | 1 witness | Not adopted | |
| DCDistrict of Columbia | Required | None | Adopted (2023) | |
| FLFlorida | Required | 2 witnesses | Not adopted | |
| GAGeorgia | Required | 1 witness | Adopted (2018) | |
| HIHawaii | Optional, recommended | None | Adopted (2014) | |
| IDIdaho | Optional, recommended | None | Adopted (2008) | |
| ILIllinois | Required | 1 witness | Not adopted | |
| INIndiana | Notary or witnesses | 2 witnesses | Not adopted | |
| IAIowa | Required | None | Adopted (2014) | |
| KSKansas | Required | None | Not adopted | |
| KYKentucky | Optional, recommended | None | Adopted (2020) | |
| LALouisiana | Not required by statute | None | Not adopted | |
| MEMaine | Required | None | Adopted (2009) | |
| MDMaryland | Required | 2 witnesses | Adopted (2010) | |
| MAMassachusetts | Not required by statute | None | Not adopted | |
| MIMichigan | Notary or witnesses | 2 witnesses | Adopted (2024) | |
| MNMinnesota | Required | None | Not adopted | |
| MSMississippi | Not required by statute | None | Not adopted | |
| MOMissouri | Required | None | Not adopted | |
| MTMontana | Optional, recommended | None | Adopted (2011) | |
| NENebraska | Required | None | Adopted (2012) | |
| NVNevada | Optional, recommended | None | Adopted (2009) | |
| NHNew Hampshire | Required | None | Adopted (2017) | |
| NJNew Jersey | Required | None | Not adopted | |
| NMNew Mexico | Optional, recommended | None | Adopted (2007) | |
| NYNew York | Required | 2 witnesses | Not adopted | |
| NCNorth Carolina | Required | None | Adopted (2017) | |
| NDNorth Dakota | Not required by statute | None | Not adopted | |
| OHOhio | Optional, recommended | None | Adopted (2012) | |
| OKOklahoma | Optional, recommended | None | Adopted (2021) | |
| OROregon | Not required by statute | None | Not adopted | |
| PAPennsylvania | Required | 2 witnesses | Adopted (2014) | |
| RIRhode Island | Not required by statute | None | Not adopted | |
| SCSouth Carolina | Required | 2 witnesses | Adopted (2016) | |
| SDSouth Dakota | Required | None | Adopted (2020) | |
| TNTennessee | Not required by statute | None | Not adopted | |
| TXTexas | Required | None | Adopted (2017) | |
| UTUtah | Required | None | Adopted (2016) | |
| VTVermont | Optional, recommended | None | Adopted (2023) | |
| VAVirginia | Optional, recommended | None | Adopted (2010) | |
| WAWashington | Notary or witnesses | 2 witnesses | Adopted (2016) | |
| WVWest Virginia | Required | None | Adopted (2012) | |
| WIWisconsin | Optional, recommended | None | Adopted (2010) | |
| WYWyoming | Optional, recommended | None | Adopted (2017) |
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
Even where notarization is optional, banks, brokers and title companies often ask for a notarized power of attorney before they act on it. Notarizing is usually the safer choice.
Choose an agent you trust, name a backup, and give the agent a signed copy. Keep the original in a place your agent can reach.
You can revoke a power of attorney while you have capacity. Tell your agent and anyone who relied on it, in writing.
Power of Attorney Requirements: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Frequently asked questions
Does a power of attorney have to be notarized?
In 24 jurisdictions, yes. California, Indiana, Michigan and Washington accept either a notary or witnesses. In 16 jurisdictions notarization is optional but recommended, because a notarized signature is presumed genuine. Louisiana, Massachusetts, Mississippi, North Dakota, Oregon, Rhode Island and Tennessee set no notarization requirement.
Which states require witnesses for a power of attorney?
Arizona, California, Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Maryland, Michigan, New York, Pennsylvania, South Carolina and Washington require witnesses, either in addition to a notary or as an alternative to one.
How many states have adopted the Uniform Power of Attorney Act?
32 of the 51 jurisdictions we checked, according to the Uniform Law Commission's enactment list.