One of the most frequently asked questions about creating a power of attorney is whether it needs to be notarized. The answer depends on your state, the type of POA you are creating, and how you plan to use it. But even when notarization is not strictly required by law, it is almost always a good idea. Here is everything you need to know about notarization and your power of attorney.
What Is Notarization?
Notarization is the process of having a notary public, an official commissioned by the state, verify your identity and witness your signature on a legal document. The notary confirms that you are who you say you are (typically by checking a government-issued ID), that you are signing the document voluntarily, and that you appear to be of sound mind.
After verifying these things, the notary signs the document, affixes their official seal or stamp, and records the transaction in their notary journal. This creates an official record that adds a layer of credibility and legal protection to the document.
When Is Notarization Required?
The rules vary by state, but here is a general overview.
Financial powers of attorney are required to be notarized in most states. Because financial POAs grant broad authority over money and property, states impose notarization as a safeguard against fraud and undue influence.
Medical powers of attorney have more varied requirements. Some states require notarization, others require witnesses instead, and some require both. A handful of states do not require either, though this is uncommon.
POAs for real estate transactions almost always need to be notarized. If the POA will be used to buy, sell, or transfer real property, it typically must be notarized and may also need to be recorded with the county recorder's office.
Even in states where notarization is not technically required, failing to notarize your POA can create practical problems. Financial institutions, title companies, and government agencies are much more likely to accept a notarized document without challenge.
Why Notarization Matters Even When Not Required
There are several compelling reasons to notarize your power of attorney even if your state does not mandate it.
Third-party acceptance. Banks, investment firms, insurance companies, and other institutions regularly deal with power of attorney documents. Many have internal policies requiring notarization before they will honor a POA, regardless of what state law says. A notarized POA dramatically reduces the risk of your agent being turned away.
Fraud prevention. Notarization provides an independent verification that the principal actually signed the document. This makes it much harder for someone to forge a POA or claim that the principal was coerced into signing.
Legal credibility. If the validity of your POA is ever challenged in court, notarization provides strong evidence that the document was properly executed. The notary's journal entry creates a contemporaneous record of the signing that can be used to rebut claims of fraud or incapacity.
Out-of-state use. If your POA might be used in a state other than where it was created, notarization increases the likelihood of acceptance. Other states are more likely to honor a notarized document from another jurisdiction.
How to Get Your POA Notarized
Getting a power of attorney notarized is a straightforward process. Here are your options.
In-Person Notarization
The traditional approach is to visit a notary public in person. You can find notaries at banks and credit unions (many offer free notarization for account holders), UPS stores, FedEx Office locations, law offices, real estate offices, libraries, and some pharmacies and shipping centers. Many workplaces also have employees who are commissioned notaries.
Bring a valid, government-issued photo ID (driver's license, passport, or state ID card). The notary will verify your identity, watch you sign the document, and then complete the notarization. Fees vary by state but are typically modest, ranging from a few dollars to around twenty-five dollars per signature.
Mobile Notarization
If you are unable to travel to a notary, mobile notaries will come to you. They visit your home, office, hospital, or other location to perform the notarization. Mobile notaries are particularly helpful for individuals who are elderly, hospitalized, or homebound. They typically charge a travel fee in addition to the standard notarization fee.
Remote Online Notarization (RON)
Many states now allow remote online notarization, where the notarization is performed via a video conference. The principal appears on camera, shows their ID, and signs the document electronically. The notary witnesses the signing in real time and applies their electronic seal.
RON is convenient and accessible, but not all states recognize remotely notarized documents, and some institutions may be unfamiliar with the process. Check your state's laws and confirm with any institutions that will need to accept the POA before using remote notarization.
What the Notary Will Check
When you bring your power of attorney to be notarized, the notary will verify several things.
They will check your identity using a valid government-issued photo ID. They will assess whether you appear to understand the document you are signing. They will confirm that you are signing voluntarily, without apparent coercion. They will ensure the document is complete, with no blank spaces that could be filled in later. They will watch you sign the document in their presence.
It is important to understand that a notary is not a lawyer. They do not review the legal content of the document or provide legal advice. Their role is strictly to verify identity and witness the signing.
Common Mistakes to Avoid
When getting your POA notarized, watch out for these common pitfalls.
Do not sign the document before meeting with the notary. The notary must witness you signing the document. If you sign it ahead of time, the notary cannot notarize it. Bring the unsigned document to the notary appointment.
Make sure your ID is current. Expired identification documents are generally not accepted by notaries. Ensure your ID is valid before your appointment.
Bring the correct number of signers. If your state requires witnesses in addition to notarization, make sure your witnesses can also be present at the notary appointment. Some notaries can also serve as witnesses, but this varies by state.
Do not use correction fluid or cross out errors. If there is an error in the document, it is better to correct and reprint it rather than making handwritten corrections, which can raise questions about the document's authenticity.
The Bottom Line on Notarization
While notarization requirements vary by state, the benefits of notarizing your power of attorney are universal. It increases acceptance, prevents fraud, and strengthens the legal credibility of your document. The small investment of time and money is well worth the protection it provides.
mypoa.ai helps you create a power of attorney document that meets your state's requirements, including notarization provisions. Once your document is ready, follow the execution instructions included with your download to get it properly signed, witnessed, and notarized so it will be accepted when you need it most.