What is a Power of Attorney? A Complete Guide to Notarizing Your POA 

What is a Power of Attorney (POA)?

A Power of Attorney (POA) is a powerful legal document that grants one person (the "Agent" or "Attorney-in-Fact") the authority to make decisions on behalf of another person (the "Principal").

Whether you need someone to handle your finances while you are traveling out of the country, or you are preparing for future medical contingencies, a POA ensures that your affairs are managed by someone you trust. Because this document transfers significant legal rights, executing it correctly—and securely—is critical.

The 4 Most Common Types of Power of Attorney

Not all POAs are created equal. Depending on your needs, you will likely encounter one of the following:

• General Power of Attorney: Grants broad authority to the Agent to handle various financial and legal matters. This typically expires if the Principal becomes incapacitated.

• Durable Power of Attorney: Similar to a General POA, but includes a specific "durability" clause. This means the Agent's authority remains intact even if the Principal becomes mentally incapacitated.

• Special (or Limited) Power of Attorney: Grants authority for a highly specific task or a limited timeframe. For example, authorizing someone to sign closing documents for a single real estate transaction while you are out of town.

• Medical Power of Attorney (Advanced Healthcare Directive): Specifically designates an Agent to make healthcare and medical decisions on your behalf if you are unable to communicate them yourself.

Why Does a Power of Attorney Need to Be Notarized?

A POA is one of the most heavily scrutinized documents in the legal and financial world. Banks, hospitals, and courts need absolute certainty that the document is legitimate.

A Notary Public serves as the state-commissioned, impartial witness to the signing. Their primary job is to:

1. Verify Identity: Ensure the Principal signing the document is exactly who they claim to be, preventing identity theft.

2. Confirm Willingness: Verify that the Principal is signing the document of their own free will, without any coercion or duress.

3. Assess Awareness: Ensure the Principal understands the nature and effect of the document they are signing. (Note: A notary does not assess medical competency, but rather basic awareness of the transaction).

The Ultimate POA Notary Checklist: What to Bring

To ensure your notarization goes smoothly and legally, make sure you have the following ready before the Notary arrives:

• The Unsigned Document: Stop! Do not sign the POA before meeting with the Notary. The Notary must physically witness you signing the document.

• Valid Government-Issued ID: The Principal must present unexpired, state or federally-issued identification (e.g., a Driver's License, US Passport, or State ID card).

• Required Witnesses: Many states require one or two impartial witnesses to sign the POA alongside the Notary. Check your state's specific laws. Witnesses generally cannot be relatives or anyone named within the document.

• The Principal Must Be Present: The person granting the power (the Principal) must physically appear before the Notary. The Agent does not necessarily need to be present unless the specific document requires their signature as well.

Top 3 Mistakes to Avoid When Notarizing a POA

1. Waiting Until It’s Too Late: A POA must be executed while the Principal is still alert and aware. If a loved one has already lost cognitive function, a Notary cannot legally proceed, and you may need to seek a court-appointed guardianship instead.

2. Bringing Expired Identification: A Notary cannot accept an expired driver's license. Always double-check expiration dates before booking an appointment.

3. Leaving Blanks on the Document: A Notary cannot notarize an incomplete document. Ensure all names, dates, and specific powers are clearly filled out prior to the appointment (leaving only the signature lines blank).