Updated on April 11th, 2023

Power of attorney is a designation given to an agent to handle financial or medical acts on someone else’s behalf. The person giving permission, known as the principal, can also choose to have the agent continue to operate on their behalf even if they should become incapacitated (known as durable power of attorney).

Table of Contents

By State

By Type (9)

Durable ($) Power of Attorney – To grant power to bank accounts, real estate, and any other financial-related acts. The powers are durable which means the form remains valid even if the principal should become mentally incompetent.

Download: Adobe PDF, MS Word (.docx)

General ($) Power of Attorney – Grants identical financial powers as the durable version. Although, the general power of attorney is no longer valid if the principal becomes mentally incompetent.

Download: Adobe PDF, MS Word (.docx)

IRS Power of Attorney (Form 2848) – To hire or allow someone else to file federal taxes to the Internal Revenue Service on your behalf.

Download: Adobe PDF

Limited Power of Attorney – For any non-medical power. This is common for one-time instances such as picking up mail, borrowing a vehicle, or staying at someone else’s home.

Download: Adobe PDF, MS Word (.doc)

Medical Power of Attorney – Referred to as an “Advance Directive,” which allows someone to act as a health care surrogate and make decisions based on the patient’s wishes.

Download: Adobe PDF

Parental (Minor) Power of Attorney – To give health and educational powers to someone else over the caretaking of one’s child.

Download: Adobe PDF, MS Word (.docx)

Real Estate Power of Attorney – For the buying, selling, renting, or occupying someone else’s property.

Download: Adobe PDF, MS Word (.docx)

Revocation Power of Attorney – To cancel or void a power of attorney document.

Download: Adobe PDF

State Tax Power of Attorney – Just like IRS Power of Attorney except for State Tax purposes. Elect someone else to handle the filing of personal and corporate tax records to the State’s Dept. of Revenue.

How to Get Power of Attorney (5 Steps)

An individual may get power of attorney for any type in five (5) easy steps:

Step 1 – Choose an Agent

Select and ask someone that you trust if they would like to be your “Agent” or “Attorney-in-Fact”. Especially for a durable power of attorney, the agent selected should be someone you have trusted most of your life.

Step 2 – Select Your Power of Attorney

Choose from one of the following nine (9) types:

  • Durable ($) – Financial only. Remains in-effect if the Principal becomes *incapacitated.
  • General – Financial only. It does not remain in effect if the Principal becomes *incapacitated.
  • IRS (2848) – Federal tax filing with the Internal Revenue Service.
  • Limited – Special activity or task.
  • Medical – Health care decision-making only. It becomes active only when the Principal becomes *incapacitated.
  • Parental – Minor’s education, health, and everyday care. Most States limit this to a maximum of one (1) year.
  • Real Estate – Sale, purchase, or maintaining the property. Mostly used for real estate closings.
  • Revocation – To terminate or cancel a current power of attorney document.
  • State – Elect someone else to pay state taxes on your behalf (Dept. of Revenue).

*Incapacitation is defined as not being able to make rational and cognitive decisions knowing full-well of the consequences of such decided actions.

Step 3 – Signing Requirements

After completing, you and the Agent(s) selected will need to check the bottom of the form for the requirements for authorization. In most cases, a Notary Public will need to be used or Two (2) Witnesses.

STATE
DURABLE
GENERAL
MEDICAL
MINOR (CHILD)
REAL ESTATE
TAX
VEHICLE
Alabama
Notary Public
Notary Public
2 Witnesses
Notary Public
Notary Public
Principal Only
Notary Public
Alaska
Notary Public
Notary Public
Notary Public
Notary Public or 2 Witnesses
Notary Public
Principal Only
Notary Public
Arizona
Notary Public and 1 Witness
Notary Public and 1 Witness
Notary Public or 1 Witness
Notary Public and 1 Witness
Notary Public and 1 Witness
Principal Only
Notary Public
Arkansas
Notary Public
Notary Public
Notary Public and 2 Witnesses
Notary Public
Notary Public
Principal Only
Principal Only
California
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Principal Only
Principal Only
Colorado
Notary Public
Notary Public
Principal Only (Notary Public and 2 Witnesses Recommended)
Notary Public
Notary Public
Principal Only
Notary Public
Connecticut
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
2 Witnesses
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
Principal Only
Notary Public and 2 Witness
Delaware
Notary Public and 1 Witness
Notary Public and 1 Witness
2 Witnesses
Notary Public and 1 Witness
Notary Public and 1 Witness
N/A
Notary Public
Florida
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
2 Witnesses
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
Principal Only
Principal Only
Georgia
Notary Public and 1 Witness
Notary Public and 1 Witness
2 Witnesses
Notary Public
Notary Public and 1 Witness
Principal Only (Notary Public and 2 Witnesses in Certain Circumstances)
Notary Public
Hawaii
Notary Public
Notary Public
Notary Public and 2 Witnesses
Notary Public
Notary Public
Principal and Representative
Notary Public
Idaho
Notary Public
Notary Public
Principal Only
Notary Public
Notary Public
Principal Only
Notary Public
Illinois
Notary Public and 1 Witness
Notary Public and 1 Witness
1 Witness
1 Witness (Only in Certain Circumstances)
Notary Public and 1 Witness
Principal and Representative (Witness or Notary Public in Certain Circumstances)
Principal Only
Indiana
Notary Public
Notary Public
1 Witness
Notary Public
Notary Public
Principal Only
Notary Public
Iowa
Notary Public
Notary Public
Notary Public and 2 Witnesses
Notary Public
Notary Public
Principal Only
Notary Public
Kansas
Notary Public
Notary Public
Notary Public or 2 Witnesses
Notary Public
Notary Public
Principal and Representative
Principal Only
Kentucky
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
Notary Public
Notary Public and 2 Witnesses
Principal Only
Notary Public
Louisiana
Notary Public and 2 Witnesses
Notary Public or 2 Witnesses
2 Witnesses
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
Principal Only
Notary Public and 2 Witnesses
Maine
Notary Public
Notary Public
2 Witnesses
Notary Public
Notary Public
Principal Only
N/A
Maryland
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
2 Witnesses
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
Principal Only
Principal Only
Massachusetts
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
2 Witnesses
2 Witnesses
Notary Public and 2 Witnesses
Principal Only (Notary Public or 2 Witnesses in Certain Circumstances)
N/A
Michigan
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
2 Witnesses
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Principal Only
Principal Only
Minnesota
Notary Public
Notary Public
Notary Public or 1 Witness
2 Witnesses
Notary Public
Principal Only
N/A
Mississippi
Notary Public
Notary Public
Notary Public or 2 Witnesses
Notary Public
Notary Public and 2 Witnesses
Principal Only
Notary Public
Missouri
Notary Public
Notary Public or 2 Witnesses
Notary Public
Notary Public
Notary Public
Principal Only
Notary Public
Montana
Notary Public
Notary Public
2 Witnesses
Notary Public
Notary Public
Principal Only
Notary Public
Nebraska
Notary Public
Notary Public
Notary Public and 2 Witnesses
Notary Public
Notary Public
Principal Only
Notary Public
Nevada
Notary Public
Notary Public
Notary Public or 2 Witnesses
Notary Public
Notary Public
N/A
Notary Public
New Hampshire
Notary Public
Notary Public
Notary Public or 2 Witnesses
Notary Public
Notary Public
Principal Only (2 Witnesses in Certain Circumstances)
Notary Public
New Jersey
Notary Public
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
2 Witnesses
Notary Public
Principal and Representative
Notary Public
New Mexico
Notary Public
Notary Public
2 Witnesses (Optional)
Notary Public
Notary Public
Principal Only
Notary Public
New York
Notary Public
Notary Public
2 Witnesses
Notary Public
Notary Public
Principal Only (Notary Public or 2 Witnesses in Certain Circumstances)
N/A
North Carolina
Notary Public
Notary Public
Notary Public and 2 Witnesses
Notary Public
Notary Public
Principal Only
Notary Public
North Dakota
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Notary Public
Notary Public
Prinipal Only
N/A
Ohio
Notary Public
Notary Public
Notary Public or 2 Witnesses
Notary Public
Notary Public
Principal Only
Notary Public
Oklahoma
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
2 Witnesses
Notary Public
Notary Public and 2 Witnesses
Principal Only
N/A
Oregon
Notary Public or 2 Witnesses
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
Notary Public
Notary Public
Principal Only
Principal Only
Pennsylvania
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
2 Witnesses
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
Principal Only
N/A
Rhode Island
Notary Public or 2 Witnesses
Notary Public
Notary Public or 2 Witnesses
Notary Public
Notary Public
Notary Public or 2 Witnesses
N/A
South Carolina
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
Notary Public and 2 Witnesses
Principal Only
N/A
South Dakota
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Notary Public
Notary Public
Notary Public
Notary Public
Tennessee
Notary public and 2 Witnesses
Notary Public and 2 Witnesses
Notary Public or 2 Witnesses
Notary Public
Notary Public and 2 Witnesses
Principal and Representative
Notary Public
Texas
Notary Public
Notary Public
Notary Public or 2 Witnesses
2 Witnesses
Notary Public
Principal Only
Principal Only
Utah
Notary Public
Notary Public
1 Witness
Notary Public
Notary Public
Principal Only
N/A
Vermont
Notary Public and 1 Witness
Notary Public and 1 Witness
2 Witnesses
Parents Only
Notary Public and 1 Witness
Notary Public and 1 Witness
N/A
Virginia
Notary Public
Notary Public
2 Witnesses
Notary Public
Notary Public
Principal and Representative
Principal Only
Washington
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Notary Public or 2 Witnesses
Principal Only
N/A
West Virginia
Notary Public
Notary Public
Notary Public and 2 Witnesses
Notary Public
Notary Public
Notary Public or 2 Witnesses
Notarty Public
Wisconsin
Notary Public
Notary Public
2 Witnesses
Notary Public (Witness Optional)
Notary Public
Principal Only
N/A
Wyoming
Notary Public
Notary Public
Notary Public or 2 Witnesses
Notary Public
Notary Public
N/A
N/A

Step 4 – Holding and Accessing Original Copies

It is important for all parties involved to have copies of their form. A power of attorney does not need to be recorded with any government office and is primarily held by the Principal and Agent(s).

Step 5 – Cancelling Power of Attorney

A Principal may terminate this arrangement by signing a Revocation Form. Otherwise, it will only cancel upon the death of the Principal.

Why Have Power of Attorney?

Accidents happen. Any person who should become incapacitated through an accident or illness would need to make arrangements beforehand for their financial and medial affairs.

Financial Affairs 

A durable or general power of attorney allows for any type of financial transaction to be handled by someone else. The financial transactions include, but are not limited to,

  • Real Property;
  • Personal Property;
  • Stocks and Bonds;
  • Commodities and Options;
  • Bank Accounts;
  • Business Entity;
  • Insurance and Annuities;
  • Estates and other Beneficial Interests;
  • Claims and Litigation;
  • Taxes; and
  • Retirement Plans.

Medical Affairs

An advance directive, referred to as a “living will” or “medical power of attorney”, lets someone else handle health care decisions on someone else’s behalf and in line with their wishes. These powers include:

  • Everyday medical decision-making;
  • End-of-life decisions;
  • Donation of organs;
  • The nomination of a Conservator; and
  • Autopsy authorizations.

Other Instances

For other nominations, a principal may assign power of attorney under a special circumstance with the limited form. In addition, if the principal is looking to have someone only handle personal and business filings, a tax power of attorney should be used.