- What Is a Power of Attorney (POA)?
- Power of Attorney Forms By State
- Power of Attorney Forms By Type
- When to Use a Power of Attorney
- Choosing and Working with Your POA Agent
- How to Get Power of Attorney
- Costs and Availability
- State Signing Requirements
- How to Write and Customize a Power of Attorney Form
- Power of Attorney Sample
What Is a Power of Attorney (POA)?
A power of attorney gives you the ability to choose someone you trust to make decisions and handle important tasks on your behalf. This person, known as your “agent” or “attorney-in-fact,” can help with financial transactions, healthcare decisions, or other personal matters based on your needs.
By creating a POA, you ensure your wishes are followed, even if you can’t make decisions yourself. Without it, your loved ones may need to go through a lengthy and costly legal process to gain permission to act for you.
Power of Attorney Forms By State
Ensure your POA meets state-specific legal requirements with our easy-to-use templates. Select your state to find a form that complies with local laws, making it simple to create a legally valid document.
- 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
Power of Attorney Forms By Type
Find the right POA for your specific needs. Whether you need a durable, medical, limited, or springing power of attorney, we provide state-compliant templates for financial, healthcare, real estate, and other legal matters.
Grant an agent authority to act on your behalf in legal and financial matters, even if you become incapacitated.
Durable
Authorize an agent to make health care decisions for you if incapacitated, including treatment options, organ donation, and life support.
Medical (MPOA)
Grant an agent limited powers for a specific task, such as a single real estate transaction, which end once the task is complete.
Limited
Assign an agent authority over your legal and financial matters but ensure their authority ends in the event of your incapacitation.
Non-Durable (General)
Delegate authority to a friend or family member while you're away for military training, stationed at a base, or deployed overseas.
Military
How Do I Know Which Type of POA Is Right for Me?
Choosing the right type of power of attorney can feel overwhelming, but understanding your options can help you make an informed decision. Here’s a simple comparison of the most common types of POAs:
Type of POA | Best For | When It Starts | When It Ends | Covers Incapacity? |
---|---|---|---|---|
General POA | Delegating broad financial and legal tasks. | Immediately upon signing | Upon revocation or incapacity | No |
Durable POA | Long-term planning for incapacity. | Immediately or upon incapacity | Upon revocation or death | Yes |
Healthcare POA | Making medical decisions on your behalf. | When you’re medically unable to make decisions for yourself | Upon death or revocation | Yes |
Limited POA | One-time tasks like selling property. | Immediately or a specified date | When the task is completed or upon revocation | Typically not |
Springing POA | Triggered by a specific event, like incapacitation. | When the trigger event occurs | Upon revocation or death | Yes |
Use the guide below to determine which type of POA is best for your situation.
When to Use a Power of Attorney
You should use a power of attorney when you want someone you trust to act on your behalf in financial, legal, or medical matters—especially if you become unavailable, incapacitated, or unable to make decisions on your own.
A POA is a key part of estate planning. It helps you prepare for emergencies, manage ongoing responsibilities, and ensure your affairs are handled according to your wishes.
Common Scenarios for Using a POA
Here are some real-life situations where having a power of attorney can make all the difference:
Military Deployment
If you’re in active service and away from home, a military POA lets your spouse or trusted relative manage your personal, financial, or family affairs during deployment.
Hospitalization or Illness
In case of serious illness or a medical procedure, a medical power of attorney allows someone to make healthcare decisions if you’re unable to.
If time is limited, learn how to get an emergency power of attorney to act quickly and legally.
Elder Care Planning
Seniors can use a durable power of attorney to authorize a trusted family member to manage their healthcare, property, or finances in case of incapacity.
Learn how to get power of attorney for an elderly parent and ensure their wishes are respected and legally protected.
International Travel
Frequent travelers can use a limited POA to authorize someone to handle tasks like banking, document signing, or business decisions while abroad.
Real Estate or Business Management
If you’re closing a deal, selling a home, or managing a company, a real estate POA or general POA can allow an agent to act on your behalf for specific or ongoing responsibilities.
Who Needs a Power of Attorney?
A person may need a power of attorney when they want to give someone the ability to make decisions on their behalf. Key situations include:
- You may lose mental capacity due to illness or accident.
- You need help with daily tasks while hospitalized.
- You want to ensure your children are cared for.
- You are preparing for emergencies or incapacitation.
- You work in a high-risk job.
- You frequently travel or serve in the military.
- You need someone to manage business or real estate matters.
- You are planning for long-term care or end-of-life decisions.
Choosing and Working with Your POA Agent
When you create a power of attorney, you’re giving someone the legal right to act for you. That person, your agent, can make important decisions about your finances, health, property, or legal matters. Choosing the right person and clearly defining their role helps protect your interests and ensures your wishes are carried out.
Choose the Right Agent
Your agent should be someone you trust completely. This person needs to be responsible, dependable, and capable of making sound decisions on your behalf.
Legally, your agent must:
- Be 18 years or older
- Be mentally competent
- Meet any state-specific rules (for example, some states limit who can serve as a healthcare agent)
Many people choose a:
- Spouse or close family member
- Trusted friend
- Professional with relevant experience, like a financial advisor or attorney
It’s not just about trust; you’ll want someone who understands your preferences, communicates well, and is available when needed.
Avoid assigning someone with poor judgment, conflicting interests, or unavailability in a crisis. This can lead to confusion or, worse, misuse of authority.
Tip: Before naming someone in your POA, talk with them. Make sure they’re comfortable with the role and aware of what it involves.
Alternate Agents
Your power of attorney should include a backup plan. If your primary agent can’t serve or is unwilling to serve, a successor agent can step in. You can also name co-agents who share responsibilities at the same time.
If you choose co-agents, you’ll need to decide how they’ll act:
- Jointly: They must make all decisions together
- Independently: Each one can act without the other’s involvement
Be clear in your POA form about the order of agents and how co-agents should act. This helps avoid future delays or disputes.
When an Agent Can Make Decisions
An agent’s authority begins and ends based on the type of POA you create:
- A general or limited POA usually takes effect right away and ends if you become incapacitated or revoke the document.
- A durable POA may begin immediately or after a specific event and stays in effect even if you become incapacitated.
- A springing POA only begins after a triggering event, such as a doctor confirming you’re no longer able to make decisions yourself.
All powers of attorney end when:
- The principal (you) dies—a power of attorney is not valid after death
- You revoke the POA
- A court declares the POA invalid
- No backup agent is named, and the current one can’t serve
What Agents Can and Cannot Do
An agent can only do what’s written in your POA. Their authority depends on the type of form and the powers you choose to give them as outlined in the document itself.
What agents may do:
- Buy or sell property
- Pay bills or manage financial accounts
- Make medical decisions if authorized
- Handle legal or tax matters
- Sign documents on your behalf
What agents cannot do:
- Create or change your will
- Act after your death
- Make decisions you haven’t authorized
Can a POA be overridden? Yes. A court can remove or replace an agent if they abuse their role. In some cases, family members can ask the court to step in.
Protecting Against Fraud
Protecting your interests is key when granting authority through a POA. Build safeguards into your document and:
- Monitor actions by reviewing account statements or records regularly
- Require dual verification for major transactions, like property sales or fund transfers
- Limit authority by capping spending or restricting access to certain accounts
Set up banking alerts to track activity and ensure transparency in real-time.
How to Get Power of Attorney
Creating a power of attorney is a practical and often necessary step in planning for the future. Whether you’re managing a medical situation, preparing for a trip, or setting up long-term care, a POA lets you give someone you trust the authority to act on your behalf.
Follow these five key steps to create a valid, enforceable power of attorney that aligns with your goals and meets your state’s legal requirements.
Step 1 – Decide What You Need the POA For
Before choosing a form, identify what you want your agent to do and when you want their authority to begin.
- Are you planning for a possible illness or future incapacity?
- Do you need help managing finances, real estate, or healthcare decisions?
- Will the POA be temporary or ongoing?
The type of POA you choose should reflect your needs.
Step 2 – Select a Trusted Agent (Attorney-in-Fact)
Your agent should be someone you trust to carry out your wishes responsibly. They’ll be acting on your behalf, so choose someone with sound judgment, a good understanding of your values, and a willingness to take on the role.
Think about:
- Their ability to handle finances, legal matters, or healthcare decisions
- Their availability and long-term reliability
- Whether they’re willing to accept the responsibility
If your primary agent is unavailable, it’s a good idea to name a successor or co-agent in your form.
Step 3 – Create or Customize Your POA Form
Once you know the type of POA you need, draft the document. This is where you define your agent’s authority, any limitations, and the conditions under which the POA becomes effective.
We recommend using a state-specific POA template or our online step-by-step form, which automatically includes the correct legal language and formatting based on your location.
Make sure to:
- Clearly state the powers you’re granting
- List all agents and alternates by full name
- Include any restrictions, time limits, or triggering events (e.g., incapacity)
- Specify whether the POA is durable, springing, or limited
Step 4 – Make Sure It’s Legal in Your State
Each state has different laws for how a power of attorney must be written, signed, and executed. To make your POA legally valid, check your state’s requirements for:
- Notarization and witnessing
- Specific legal language or disclosures
- Limits on what powers can be granted
- Who is allowed to serve as an agent
This step helps ensure your document will be accepted by banks, healthcare providers, and government agencies.
Step 5 – Finalize and Share the Document
Once the document is complete, it must be properly signed and distributed. Follow these best practices:
- Sign the POA in front of the required witnesses or a notary public (depending on state law)
- Store the original document in a secure place
- Give copies to your agent, any backup agents, and relevant institutions
- Check whether your POA needs to be filed or recorded, especially if it involves real estate transactions
Agent Acknowledgment Requirement
In many states, such as Pennsylvania and New York, your agent must sign a section in the form acknowledging their role and legal responsibilities. Our templates include this section by default to meet local requirements and make the document easier to enforce.
Final Checklist
- Chosen the right type of POA
- Named a trusted agent (and backup, if needed)
- Followed your state’s signing and notarization rules
- Distributed copies to all relevant people
- Stored the original document in a safe and accessible location
Costs and Availability
Depending on how you complete it, creating a power of attorney can cost anywhere from $35 to over $500.
- DIY and online templates typically cost $35–$150, plus $10–$50 if notarization is required
- Hiring a lawyer ranges from $200 to $500 for a single POA, and more if it’s part of a full estate plan
- Free or low-cost options may be available through legal aid services, especially for seniors or low-income individuals
Lawyer fees are higher if your POA involves complex assets, business interests, or needs to fit into a broader estate plan. However, for straightforward needs, online services like Legal Templates offer an affordable, easy-to-use alternative.
For more details, including state-by-state averages and cost-saving tips, see our guide on how much a power of attorney costs.
State Signing Requirements
Your POA form may need to be signed in front of witnesses, a notary public, or both; requirements vary by state and form type.
Generally, this document must be signed and notarized in the presence of witnesses. However, even if your state does not require this, it is best practice to do so. Check the table below to determine if your form needs to be notarized.
Many states have adopted the Uniform Power of Attorney Act (UPOAA), which aims to create consistency across jurisdictions. If your state follows the UPOAA, your POA is more likely to be recognized in other states, reducing complications when managing multi-state affairs.
STATE | DURABLE | GENERAL | MEDICAL | MINOR (CHILD) | REAL ESTATE | TAX | VEHICLE |
---|---|---|---|---|---|---|---|
Alabama | Notary Public | Notary Public | Two Witnesses | Notary Public | Notary Public | Principal Only | Principal Only |
Alaska | Notary Public | Notary Public | Notary Public | Notary Public Or Two Witnesses | Notary Public | Notary Public | Principal Only |
Arizona | Notary Public And One Witness | Notary Public And One Witness | Notary Public Or One Witness | Notary Public And One Witness | Notary Public And One Witness | Principal Only | Principal Only |
Arkansas | Notary Public | Notary Public | Notary Public And Two Witnesses | Notary Public | Notary Public | Principal Only | Principal Only |
California | Notary Public Or Two Witnesses | Notary Public Or Two Witnesses | Notary Public Or Two Witnesses | Notary Public Or Two Witnesses | Notary Public Or Two Witnesses | Principal Only | Principal Only |
How to Write and Customize a Power of Attorney Form
A power of attorney form must be detailed, legally sound, and tailored to your needs. The person you name as your agent will have the legal authority to make important decisions on your behalf, so the document must clearly explain who is involved, what powers are granted, and how the form is activated.
Although the structure of a POA is generally consistent, every state has its own legal requirements. Using a state-specific template can help ensure your POA is valid, enforceable, and aligned with your intentions.
1. Identify All Parties Clearly
Start by naming everyone involved in the document, using their full legal names and contact details:
- The principal (you)
- The primary agent (attorney-in-fact)
- Any successor or co-agents
This section should also include each party’s address and, optionally, other identifying details (e.g., date of birth) to avoid confusion.
Talk with anyone you plan to name in the POA to confirm their willingness to serve in the role.
2. Define the Scope of Authority
Clearly outline the powers you want to give your agent. Most POA forms offer a list of specific powers, such as managing real estate, handling banking, or making healthcare decisions, so you can check or initial the ones that apply.
If you want to grant all listed powers, many forms allow you to initial “All Preceding Subjects.”
Common authorities include:
- Paying bills or managing financial accounts
- Signing documents or contracts
- Making medical decisions on your behalf
- Handling business or legal matters
Only grant the powers your agent truly needs to minimize the risk of misuse.
3. Set Limits and Restrictions
You can customize your POA to include restrictions that help protect your interests. For example:
- Set a maximum amount that your agent can spend per transaction
- Prohibit the sale of certain assets (like your home or vehicle)
- Require your written approval for large transactions or gifts
Clear restrictions help prevent misuse and reduce legal risk.
4. Include Special Instructions
This section allows you to guide your agent further. You can:
- Outline preferences for how decisions should be made
- Specify how co-agents should work together (jointly or independently)
- Define agent compensation (if any)
- Include custom clauses based on your personal or financial situation
Special instructions can also clarify how duties should be handled if the agent steps down or is temporarily unavailable.
5. Set the Effective Date
Decide when the POA should go into effect. Common options include:
- Immediately upon signing
- Only after a triggering event, such as medical incapacitation (springing POA)
- On a specific date or in connection with a future event like deployment
6. Execute the Document Properly
To make your POA legally valid, you must sign it according to your state’s laws. This typically includes:
- Signing in front of one or more witnesses
- Having the document notarized
If you cannot sign the document yourself, you may direct someone else to sign it for you in your presence.
Check your state’s requirements carefully. Some forms may not be accepted without proper witnessing or notarization.
7. Share and Save Copies
Once signed, give copies of the POA to:
- Your agent and any successor agents
- Banks, healthcare providers, or other relevant institutions
Store the original in a secure place and let someone you trust know where it is.
You can revoke a POA at any time by creating a written revocation and notifying your agent and anyone who received a copy of the original form.
When a POA Automatically Ends
Certain events can automatically terminate a POA:
- Death of the principal ends the POA immediately.
- The agreement is revoked by the principal
- Completion of purpose terminates the POA once the specific task is finished.
- Incapacity of the principal ends non-durable POAs, while durable POAs remain in effect.
- Agent’s inability to serve terminates the POA if no successor is named.
Name a successor agent in your POA to avoid gaps in authority if your primary agent is unavailable.
Understanding these rules helps you keep control of your legal and financial decisions, ensuring your POA works as intended.
Power of Attorney Sample
Below, you can see a sample power of attorney form. You can start creating yours today using our document editor.