How to Get Power of Attorney in the United States

What is power of attorney?

A power of attorney is a legal document that allows one person, the principal, to give authority to another person, the agent or attorney-in-fact, to act on their behalf. That authority can be broad or very specific. For example, your agent could:

• Manage your bank accounts.
• Sign legal documents.
• Buy or sell property.
• Handle government or tax matters.

The key idea is trust: you are legally allowing someone else to act as if they were you, within the limits you set.

Why is a power of attorney important?

Accidents, illness, travel or a busy schedule can make it hard to handle everything personally. A power of attorney helps you:

• Stay in control of who acts for you and what they can do.
• Avoid court involvement: without a POA, your family may need to ask a court to appoint a guardian if you become incapacitated, a process that can be slow and expensive.
• Handle matters from a distance, for example property or accounts in another state or country.
• Protect your family from unnecessary legal stress.

Who can create a power of attorney in the U.S.?

To create a valid power of attorney in the United States, you must:

• Be 18 years or older.
• Have the mental capacity to understand the document and its consequences.
• Sign voluntarily, without pressure.

You don't need to be a U.S. citizen. Immigrants, residents and visitors can sign a power of attorney in the United States with a valid photo ID, such as a passport.

Who can be your agent or attorney-in-fact?

Your agent can be almost any adult you trust: a spouse, a family member, a close friend or a professional. You can also name more than one agent, or a backup (successor) agent in case your first choice cannot serve.

Types of power of attorney in the United States

There are different types of power of attorney, and each one serves a specific purpose. Choosing the right one is key to making sure the document works as you expect.

General power of attorney explained

A general power of attorney gives your agent broad authority to handle your finances, business matters and legal transactions. However, unless it says it is durable, it usually ends if you become incapacitated, which is exactly when many families need it most.

Durable power of attorney

A durable power of attorney remains valid even if you become mentally or physically incapacitated, so your agent can keep acting without court approval. That is why it is one of the most popular forms. Rules vary by state: in New York, a power of attorney is durable unless it says otherwise; in New Jersey and Florida, the document must expressly say it is durable.

Medical power of attorney

A medical power of attorney allows someone to make health care decisions for you if you cannot speak for yourself, such as treatments, surgeries or life support. In most states, it is a separate document with its own name and signing rules, for example a health care proxy in New York or a health care surrogate designation in Florida. It often works together with a living will.

Limited or special power of attorney

A limited power of attorney is created for a specific task or period of time, such as selling a house, signing documents while you're abroad or handling a single transaction. Once the task is completed or the stated date arrives, it ends.

When does a power of attorney take effect?

A power of attorney can take effect:

• Immediately, once it is signed.
• On a specific date stated in the document.
• Upon incapacity (a "springing" power of attorney), in states that allow it.

Step-by-step: how to make a power of attorney

1. Decide the type of power of attorney you need and exactly which powers to grant.
2. Choose your agent carefully, and a backup agent if possible.
3. Draft the document: use your state's official form when one exists, such as New York's Statutory Short Form, or work with an attorney for complex situations.
4. Review your state's requirements: witnesses, notarization and specific wording.
5. Sign the document before the notary and, if required, two witnesses. Do not sign in advance.
6. Get it notarized. Online notarization is also available in many states, including New York, New Jersey and Florida.
7. Distribute copies to your agent and to the banks or institutions that will rely on it. If the POA will be used in another country, get an apostille.

Do you need a notary for a power of attorney?

In most states, yes. The notary verifies your identity and confirms that you are signing willingly. A notary can refuse to notarize if you appear not to understand the document, but does not certify your mental capacity, review the content or give legal advice. Notarization also helps banks, agencies and courts accept the document.

Costs and fees to create a power of attorney

Costs vary depending on how you create it:

• State forms and online templates: the lowest cost, best for simple situations.
• Document services: moderate cost, with help preparing and notarizing the document.
• Attorney-drafted documents: higher cost, recommended for complex estates or durable and health care planning.

Notary fees are set or capped by each state and are usually affordable. If you need an apostille or a translation, those costs are added separately.

Common mistakes to avoid

Can a power of attorney be revoked?

Yes. As long as you are mentally competent, you can revoke a power of attorney at any time. To do it:

1. Sign a written revocation, preferably notarized.
2. Notify your agent in writing.
3. Inform the banks and institutions that have a copy.
4. If the power of attorney was recorded, for example with a county clerk for a real estate transaction, record the revocation too.
5. Collect or destroy the old copies.

Make your power of attorney with Notaria Latina

With more than 15 years of experience serving the Latino community in the United States, Notaria Latina helps you prepare your power of attorney in English or Spanish, notarizes it with the witnesses your state requires, and handles the apostille and certified translation if you will use it abroad. We serve clients at our offices and online.

Toll-free: 1-800-742-8602 · Book an appointment online