Power of Attorney Laws: 50-State Survey

In general, a power of attorney is a legal instrument in which a person (known as the principal) chooses someone else (often known as the agent) to handle certain matters for them. A power of attorney may form part of an estate plan, but it may be devised separately as well. The main type of power of attorney allows the agent to manage some or all of the property and finances of the principal. This is often known as a financial power of attorney.

Healthcare Powers of Attorney

A separate type of power of attorney is a healthcare power of attorney, which names an agent for medical decisions. This tends to be called an “advance directive.” Explore our survey of advance directives to find out how each state treats healthcare powers of attorney.

A principal may want to make their power of attorney durable. This means that it remains in effect if they lose the capacity to handle their affairs. Many states have imposed a presumption that a power of attorney is durable unless it provides otherwise. In contrast, other states do not treat a power of attorney as durable unless its language establishes that the principal intended it to remain in effect during their incapacity. If the incapacity results in the appointment of a guardian or conservator, this may affect the authority of the agent in varying ways.

Each state has enacted a set of statutes governing powers of attorney. Some codes contain a statutory form power of attorney. This can make it easier for the principal to ensure that they are crafting a valid instrument. However, even if their state has a statutory form, they may want to consult an estate planning lawyer to make sure that they comply with the requirements for executing the power of attorney and understand any other nuances in the process.

Click on a state below to find out more about how the law treats a power of attorney in that state, including whether the state applies a presumption of durability, the requirements for executing the instrument, and the impact of the appointment of a guardian or conservator. Each entry also provides links to the main code sections discussing powers of attorney in that state and any statutory form that may be available.

Alabama Power of Attorney Laws

An Alabama power of attorney must be signed by the principal, or signed in their conscious presence by someone else whom they direct to sign their name on the instrument. The signature will be presumed genuine if the principal acknowledges it before a notary public or a similar official.

A principal may use a power of attorney to nominate a conservator of their estate or a guardian of their person for consideration by the court if protective proceedings for their estate or person are brought after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a conservator of the principal’s estate or another fiduciary charged with managing the principal’s property after the principal executes the power of attorney, the agent will be accountable to the conservator or other fiduciary as well as the principal. The fiduciary also can revoke or amend the power of attorney to the same extent as the principal. Establishing the conservatorship does not revoke the power of attorney.

Alaska Power of Attorney Laws

An Alaska power of attorney will be considered valid if the principal signs the instrument, or if someone else signs their name on the instrument when the principal is physically unable to sign it and directs the other person to sign it in the principal’s conscious presence. The principal also must acknowledge the signature before a notary public or a similar official.

Establishing a conservatorship does not automatically revoke a power of attorney. However, the Alaska Court System notes that a guardianship generally takes priority over a power of attorney. (Under Alaska law, a guardian has more powers than a conservator. While a conservator only manages financial affairs, a guardian can make decisions regarding not only finances but also housing, care, health, and legal rights.)

Arizona Power of Attorney Laws

  • Applicable statute: Arizona Revised Statutes Section 14-5501 et seq.
  • Durability: Not presumed, but will be established if the instrument contains certain phrasing or its equivalent as provided by Section 14-5501
  • Statutory form: None

A principal may designate another adult (the agent) to make financial decisions on the principal’s behalf by executing a written power of attorney that meets certain requirements. An Arizona power of attorney must contain language clearly indicating that the principal intends to create a power of attorney and clearly identifying the agent. It also must be signed or marked by the principal, or signed in their name by someone else in the conscious presence and at the direction of the principal. The instrument must be witnessed by someone other than the agent, their spouse, or their child, or the notary public. Finally, it must be executed and attested by its acknowledgment by the principal and by an affidavit of the witness before a notary public. This must be documented by the notary public’s certificate under official seal.

A principal may use a durable power of attorney to nominate a conservator or guardian for the court to consider in any protective proceedings for the principal or their estate. If a court appoints a conservator or another fiduciary to manage the principal’s property after a durable power of attorney has been executed, the agent under the power of attorney will be accountable to that fiduciary and to the principal. The fiduciary can revoke or amend the power of attorney to the same extent that the principal could.

Arkansas Power of Attorney Laws

An Arkansas power of attorney must be signed by the principal, or signed by someone else directed by the principal to sign their name on the power of attorney in the principal’s conscious presence. A signature on a power of attorney is presumed genuine if the principal acknowledges the signature before a notary public or a similar official.

A principal may use a power of attorney to nominate a guardian of their estate or their person for consideration by the court if protective proceedings are begun after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification. If a court appoints a guardian of the principal’s estate or another fiduciary to manage their property after the power of attorney is executed, the agent will be accountable to that fiduciary as well as to the principal. However, the power of attorney remains in effect, and the agent will retain their authority unless the court limits, suspends, or terminates it.

California Power of Attorney Laws

To be considered valid, a California power of attorney must contain the date of its execution, and it must be signed by the principal or by another adult in the principal’s name, in their presence, and at their direction. The instrument also must be acknowledged before a notary public or signed by at least two witnesses. These must be adults and must not include the attorney-in-fact (agent). Each witness must witness the signing of the power of attorney by the principal or their acknowledgment of the signature or the power of attorney.

If a court appoints a conservator or guardian of the estate or another fiduciary to manage the principal’s property after a durable power of attorney is executed, the attorney-in-fact will be accountable to the fiduciary as well as the principal. The fiduciary generally will have the same power to revoke or amend the power of attorney that the principal would have had, subject to any required court approval. If a court appoints a conservator of the estate, though, the conservator may revoke or amend the durable power of attorney only if the court has made an order authorizing or requiring them to modify or revoke the instrument, and the modification or revocation is in accordance with the order.

Colorado Power of Attorney Laws

A Colorado power of attorney must be signed by the principal, or by someone else whom the principal directs to sign their name on the power of attorney in the principal’s conscious presence. A signature is presumed to be genuine if the principal acknowledges it before a notary public or a similar official.

A principal may use a power of attorney to nominate a conservator of their estate or a guardian of their person for consideration by a court if protective proceedings are begun after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification. If a court appoints a conservator of their estate or another fiduciary to manage their property after a power of attorney is executed, the agent will be accountable to the fiduciary as well as the principal. The power of attorney will remain in effect, and the agent will retain their authority unless the court limits, suspends, or terminates it.

Connecticut Power of Attorney Laws

A Connecticut power of attorney must be dated and signed by the principal, or in their conscious physical presence by someone whom the principal directs to sign their name on the power of attorney. It also must be witnessed by two witnesses. A signature on a power of attorney is presumed to be genuine if the principal acknowledges it before a notary public, a commissioner of the Superior Court, or a similar official.

A principal may use a power of attorney to nominate a conservator of their estate or their person for consideration by the court if protective proceedings are begun after the principal executes the power of attorney. The court must appoint the person most recently nominated by the principal unless it finds that the person is unwilling or unable to serve, or unless there is substantial evidence to disqualify them.

If a court appoints a conservator of the principal’s estate or another fiduciary to manage their property after the power of attorney is executed, the court may continue, limit, suspend, or terminate the power of attorney. If it is continued, the agent will be accountable to the fiduciary as well as the principal. If it is suspended, it will be reinstated if the conservatorship ends due to the principal regaining capacity.

Delaware Power of Attorney Laws

A personal power of attorney in Delaware must be in writing, dated, and signed by the principal or by someone else who signs the principal’s name in their presence and at their express direction. It also must be signed in the presence of a notarial officer and in the presence of an adult witness. This witness must not be related to the principal by blood, marriage, or adoption, and they must not be entitled to any part of the principal’s estate under their will or other estate planning instrument as it existed at the time.

The instrument may be accompanied by a notice in a statutorily specified form, which must be signed by the principal and placed at the beginning of the power of attorney. Without this notice, the agent will have the burden of showing that the instrument is valid if someone challenges the authority of the agent to act under it.

If a court appoints a guardian or another fiduciary to manage the principal’s property or the care of their person, this will terminate a power of attorney to the extent that the powers held by the agent before the appointment of the fiduciary are granted by the court to the fiduciary. However, the agent will be appointed as the guardian or other fiduciary upon their request unless there is cause to the contrary.

After the appointment of a guardian or other fiduciary, the agent will be accountable to the fiduciary as well as to the principal regarding any powers of attorney that the agent continues to hold. The guardian or other fiduciary will have the power to revoke or amend the powers of the agent only to the extent permitted by the court.

Florida Power of Attorney Laws

A Florida power of attorney must be signed by the principal and by two subscribing witnesses. It also generally must be acknowledged by the principal before a notary public. If the principal is physically unable to sign the instrument, the notary public before whom the principal’s oath or acknowledgment is made may sign the principal’s name on the power of attorney.

If someone brings judicial proceedings to determine the incapacity of the principal or to appoint a guardian advocate, the authority granted under the power of attorney will be suspended. (There is an exception if the agent in the power of attorney is the parent, spouse, child, or grandchild of the principal. In this situation, the authority under the power of attorney will not be suspended unless a verified motion is filed.) The suspension will last until the petition is dismissed or withdrawn, or until the court enters an order authorizing the agent to exercise one or more of the powers granted under the instrument. A power of attorney generally terminates when the principal is adjudicated totally or partially incapacitated by a court, unless it determines that certain authority granted by the instrument may be exercised by the agent.

Georgia Power of Attorney Laws

A Georgia power of attorney must be signed by the principal or by someone else in the principal’s presence at their express direction. It also must be attested in the presence of the principal by a competent witness, who cannot be an agent. Finally, the power of attorney must be attested as provided in Section 44-2-15 in the presence of the principal by someone who is not a witness and who is not named as an agent.

A principal may use a power of attorney to nominate a conservator of their estate for consideration by the court if protective proceedings for their estate are begun after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

Generally, if a court appoints a conservator of the estate or another fiduciary to manage the principal’s property after the power of attorney is executed, the appointment will terminate the power of attorney to the extent that it relates to the matters within the scope of the conservatorship or other management. (The power of attorney may prevent this result if it explicitly provides otherwise, or the court appointing the conservator may order otherwise.) If the power of attorney is not completely terminated, the agent will be accountable to the fiduciary as well as the principal. If the court orders the power of attorney to continue to some extent, it may impose terms and conditions that it finds to be in the best interest of the principal.

Hawaii Power of Attorney Laws

A Hawaii power of attorney must be signed by the principal, or signed by someone else directed by the principal to sign their name on the power of attorney in their conscious presence. A signature will be presumed genuine if the principal acknowledges it before a notary public or a similar official.

A principal may use a power of attorney to nominate a conservator or guardian of their estate or person for consideration by the court if protective proceedings for their estate or person are begun after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a guardian of the principal’s estate or another fiduciary to manage their property after a power of attorney is executed, the agent will be accountable to the fiduciary as well as the principal. The power of attorney will remain in effect, and the agent’s authority will continue unless the court limits, suspends, or terminates it.

Idaho Power of Attorney Laws

An Idaho power of attorney must be signed by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. The signature will be presumed genuine if the principal acknowledges it before a notary public or similar official.

A principal may use a power of attorney to nominate a conservator of their estate for consideration by the court if protective proceedings for their estate are brought later. If a court appoints a conservator of their estate or another fiduciary, including a temporary conservator, to manage their property after the power of attorney is executed, the agent is accountable to the fiduciary as well as the principal. The power of attorney is terminated unless the court orders otherwise.

Illinois Power of Attorney Laws

An Illinois power of attorney must contain the signature of a witness to the signing of the agency, and it must be notarized. Certain people cannot serve as a witness or as the notary public who notarizes the instrument. These include the attending physician or mental health service provider of the principal, an owner or operator of a healthcare facility where the principal is a patient or resident, or a parent, sibling, or descendant of the principal or an agent.

The agency will continue until the death of the principal unless the instrument provides for an earlier termination date. This means that it survives the appointment of a guardian for the principal after the instrument is signed. Without a court order directing a guardian to exercise the powers of the principal under the agency, a guardian has no power, duty, or liability regarding any property subject to the agency.

Indiana Power of Attorney Laws

An Indiana power of attorney must be in writing, name an attorney in fact, and give them the power to act on behalf of the principal. The instrument also must be signed by the principal or at their direction in the presence of a notary public, or in the presence of witnesses. If the power of attorney is executed in the presence of witnesses, it must be executed by the signatures of the principal and at least two witnesses on either the power of attorney or a self-proving clause.

A principal can nominate a guardian for consideration by the court if protective proceedings are later brought for the principal’s person or estate. The court must appoint the person most recently nominated by the principal in a power of attorney, except for good cause or disqualification. However, a guardian does not have any power, duty, or liability regarding property that is subject to a power of attorney. They cannot revoke or amend a power of attorney unless they are directed to do this by a court order on behalf of the principal.

Iowa Power of Attorney Laws

An Iowa power of attorney must be signed by the principal or in their conscious presence by someone else whom the principal has directed to sign their name on the instrument. (This cannot include a prospective agent.) The power of attorney must be acknowledged before a notary public or a similar official. (Again, an agent in the power of attorney cannot notarize the signature.) An acknowledged signature will be presumed to be genuine.

A principal may use a power of attorney to nominate a conservator of their estate or a guardian of their person for consideration by the court if proceedings for their estate or person are brought after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a conservator of the principal’s estate or another fiduciary to manage their property after the power of attorney is executed, the power of attorney will be suspended unless the instrument provides otherwise or the court decides that it should continue. If the power of attorney continues, the agent will be accountable to the fiduciary as well as the principal. The power of attorney will be reinstated when the conservatorship ends due to the principal regaining capacity.

Kansas Power of Attorney Laws

A durable power of attorney in Kansas must be signed by the principal and dated and acknowledged as prescribed by the Revised Uniform Law on Notarial Acts. If the principal cannot sign the power of attorney, but they are competent and conscious, the instrument may be signed by an adult designated by the principal in their presence and at their direction, which must be expressed in the presence of a notary public. The other adult must sign the principal’s name in the presence of a notary public, and the power of attorney then will be acknowledged as prescribed by the Revised Uniform Law on Notarial Acts as if the principal had signed it.

A principal may use a power of attorney to nominate a guardian or conservator for consideration by the court. If a petition to appoint a guardian or conservator is filed, the court must appoint the person most recently nominated by the principal if they are fit and proper.

If a court appoints a conservator, a guardian of the estate, or another fiduciary to manage the principal’s property after a durable power of attorney is executed, the attorney in fact will be accountable to the fiduciary as well as the principal. The fiduciary will have the same power to revoke or amend the durable power of attorney that the principal would have held if they were not found to have a need for a guardian or conservator.

Kentucky Power of Attorney Laws

A Kentucky power of attorney must be signed by the principal, or in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. If someone else signs the instrument in the principal’s conscious presence, the power of attorney must state the reason for this method of signing. A signature on a power of attorney is presumed to be genuine if the principal acknowledges it before a notary public or a similar official.

A principal may use a power of attorney to nominate a limited conservator, conservator, limited guardian, or guardian of their estate or a limited guardian or guardian of their person for consideration by the court if protective proceedings for their estate or person are brought after the power of attorney is executed. The court will give the preference due consideration but is not required to appoint that person.

If a court appoints a limited conservator, conservator, limited guardian, or guardian of the principal’s estate or another fiduciary to manage their property after the power of attorney is executed, the power of attorney will terminate unless the court orders it to remain in effect.

Louisiana Power of Attorney Laws

A Louisiana power of attorney is technically called a “mandate,” which means a contract by which the principal confers authority on the “mandatary” to transact one or more affairs for the principal. This mandate is not required to take any particular form. However, when the law requires a certain form for an act, a mandate authorizing that act must take the required form.

The mandate and the authority of the mandatary end on the qualification of the “curator” after the “interdiction” of the principal. (A curator is similar to a guardian, and an interdiction is a judgment issued when an individual lacks the ability to make decisions regarding their person or property.) A person appointed as a curator qualifies once they provide the security required by law and take an oath to faithfully discharge the duties of their role.

Maine Power of Attorney Laws

A Maine power of attorney must be signed by the principal, or signed in their conscious presence by someone whom the principal directs to sign their name on the power of attorney. A signature will be presumed genuine if the principal acknowledges it before a notary public or a similar official. A power of attorney will not be valid without an acknowledgment before a notary public or a similar official.

A principal may use a power of attorney to nominate a conservator of their estate or a guardian of their person for consideration by the court if protective proceedings for their estate or person are brought after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a conservator of the estate or another fiduciary to manage the principal’s property after the power of attorney is executed, the agent will be accountable to the fiduciary as well as the principal. However, the power of attorney is not terminated at this stage, and the agent’s authority will continue unless the court limits, suspends, or terminates it.

Maryland Power of Attorney Laws

A Maryland power of attorney generally must be in writing, signed by the principal or by someone else on their behalf in their presence and at their direction, and acknowledged by the principal in the presence of a notary public. It also must be attested and signed by at least two adult witnesses, who must sign in the presence of the principal and each other. (The notary public before whom the principal acknowledges the power of attorney may serve as one of the adult witnesses.)

If a guardian is appointed for the principal, the attorney in fact or agent must account to the guardian rather than the principal. Moreover, the guardian will have the same power that the principal would have had, if not for their incompetence, to revoke, suspend, or terminate the power of attorney or any part of it.

Massachusetts Power of Attorney Laws

Massachusetts law does not provide specific requirements for executing a power of attorney, other than noting that it must be in writing and describing the type of language needed to make it durable.

A principal may use a durable power of attorney to nominate a conservator or a guardian of the person for consideration by the court if protective proceedings for their person or estate are brought after the power of attorney is executed. The court will appoint the person most recently nominated by the principal, except for good cause or disqualification.

If a court appoints a conservator, a guardian of the estate, or another fiduciary to manage the principal’s property after a durable power of attorney is executed, the attorney in fact will be accountable to the fiduciary as well as the principal. The fiduciary will have the same power to revoke or amend the power of attorney that the principal would have had if not for their disability or incapacity.

Michigan Power of Attorney Laws

  • Applicable statute: Michigan Compiled Laws Section 700.5501 et seq.
  • Durability: Not presumed, but will be established if the instrument contains certain phrasing or its equivalent as provided by Section 700.5501
  • Statutory form: None

A durable power of attorney under Michigan law must be dated and signed voluntarily by the principal, or signed by a notary public on the principal’s behalf under the Michigan law on notarial acts. The instrument must either be signed in the presence of two witnesses who also sign the instrument, or be acknowledged by the principal before a notary public who endorses a certificate of the acknowledgment and the date of taking the acknowledgment on the durable power of attorney. (If the witness option is used, the attorney-in-fact cannot be a witness.)

A principal may use a durable power of attorney to nominate a conservator, a guardian of their estate, or a guardian of their person for consideration by a court if a protective proceeding for their person or estate is brought after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause or disqualification.

If a court appoints a conservator, an estate guardian, or another fiduciary to manage the principal’s property after the power of attorney is executed, the attorney in fact will be accountable to the fiduciary as well as the principal. The fiduciary will have the same power to revoke or amend the power of attorney that the principal would have had if not for their disability or incapacity.

Minnesota Power of Attorney Laws

A Minnesota power of attorney is validly executed when it is dated and signed by the principal. If someone else signs the power of attorney on behalf of the principal, or if the principal makes a mark instead of a signature, it must be acknowledged by a notary public.

A conservator or guardian of the principal has the same power that the principal would have had if they were not incapacitated or incompetent to revoke, suspend, or terminate the power of attorney or part of it.

Mississippi Power of Attorney Laws

Mississippi law does not provide specific requirements for executing a power of attorney, other than noting that it must be in writing and describing the type of language needed to make it durable.

A principal may use a durable power of attorney to nominate a conservator, a guardian of their estate, or a guardian of their person for consideration by the court if protective proceedings for their person or estate are brought after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause or disqualification.

If a court appoints a conservator, a guardian of the estate, or another fiduciary to manage the principal’s property after a durable power of attorney is executed, the attorney in fact will be accountable to the fiduciary as well as the principal. Meanwhile, the fiduciary will have the same power to revoke or amend the power of attorney that the principal would have had if not for their disability or incapacity.

Missouri Power of Attorney Laws

A durable power of attorney in Missouri must be signed by the principal. It also must be dated and acknowledged in the manner legally required for conveyances of real estate.

If a court appoints a legal representative for the principal after a durable power of attorney has been executed, the attorney in fact must follow the instructions of the court or legal representative. They will be accountable to the guardian on matters affecting the principal’s personal welfare and to the conservator on matters affecting the principal’s property and business interests when the responsibilities of the guardian or conservator and the authority of the attorney in fact involve the same subject matter.

Montana Power of Attorney Laws

A Montana power of attorney must be signed by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. A signature on a power of attorney will be presumed genuine if the principal acknowledges the signature before a notary public or a similar official.

A principal may use a power of attorney to nominate a conservator or guardian of their estate, or a guardian of their person, for consideration by the court if protective proceedings for their estate or person are brought after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a conservator or guardian of the principal’s estate or another fiduciary to manage their property after the power of attorney is executed, the agent will be accountable to the fiduciary as well as the principal. The power of attorney will not be terminated in this situation, and the agent’s authority will continue unless the court limits, suspends, or terminates it.

Nebraska Power of Attorney Laws

A Nebraska power of attorney must be signed (or marked) by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. A signature or mark will be presumed genuine if the principal acknowledges the signature before a notary public or a similar official. A power of attorney will not be considered valid unless it is acknowledged before a notary public or a similar official.

A principal may use a power of attorney to nominate a conservator or guardian of their estate, or a guardian of their person, for consideration by the court if protective proceedings for their estate or person are launched after the power of attorney is executed. However, the court is not required to appoint this person.

If a court appoints a conservator, a guardian of the estate, or another fiduciary to manage the principal’s property after the power of attorney is executed, the agent will be accountable to the fiduciary as well as the principal. The fiduciary will have the same power to revoke or amend the power of attorney that the principal would have had if not for their disability or incapacity.

Nevada Power of Attorney Laws

A Nevada power of attorney must be signed by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. A signature on a power of attorney will be presumed genuine if the principal acknowledges the signature before a notary public or a similar official.

If the principal lives in a hospital, a nursing home, or a similar facility when the power of attorney is executed, a certification of competency of the principal from a physician, psychologist, psychiatrist, or advance practice registered nurse must be attached to the power of attorney. Also, if the principal lives or is about to live in a hospital, assisted living facility, or nursing home when the power of attorney is executed, they generally cannot name the facility, an owner or operator of the facility, or an employee of the facility as an agent in the power of attorney.

A principal may use a power of attorney to nominate a guardian of their estate for consideration by the court if guardianship proceedings for their estate or person are brought after the power of attorney is executed. If a guardian of the estate is appointed after a non-durable power of attorney is executed, that power of attorney will be terminated. On the other hand, if a guardian of the estate is appointed after a durable power of attorney is executed, that power of attorney generally will be suspended. The agent will not be able to exercise their authority unless the court orders the termination of the guardianship. The durable power of attorney will take effect upon the order of termination.

However, a court may issue an order allowing an agent to retain specific powers conferred by the power of attorney. If the court issues this type of order, the agent must file an accounting with the court and the guardian at regular intervals, such as quarterly.

New Hampshire Power of Attorney Laws

A general power of attorney under New Hampshire law must be signed by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. It also must be acknowledged before a notary public or a similar official. In addition, a disclosure statement signed by the principal, or by someone directed by the principal to sign their name on their behalf, must be attached to the power of attorney. Similar signature and acknowledgment requirements apply to a power of attorney to convey real estate, although the disclosure statement is not required. For any other power of attorney, similar signature requirements apply, but no acknowledgment or disclosure statement is required. A signature is presumed genuine if the principal acknowledges the signature before a notary public or a similar official.

A principal may use a power of attorney to nominate a guardian of their estate or person for consideration by the court if protective proceedings for their estate or person are launched after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a conservator or guardian of the principal’s estate or another fiduciary to manage their property after the power of attorney is executed, the power of attorney will not be terminated. The agent’s authority will continue unless the court limits, suspends, or terminates it. However, the agent will be accountable to the fiduciary as well as the principal, and the fiduciary will have the same power as the principal to revoke, suspend, or terminate the power of attorney or part of it.

New Jersey Power of Attorney Laws

A New Jersey power of attorney must be in writing, and it must be duly signed and acknowledged in the manner provided by Section 46:14-2.1, which covers instruments like real estate deeds.

A principal may use a durable power of attorney to nominate a conservator, a guardian of their estate, or a guardian of their person for consideration by the court if protective proceedings for their person or estate are brought after the power of attorney is executed. However, the court is not required to appoint the person nominated by the principal.

If a court appoints a conservator, a guardian of the estate, or another fiduciary to manage the principal’s property after a durable power of attorney is executed, the attorney-in-fact under the power of attorney will be accountable to the fiduciary as well as the principal.

New Mexico Power of Attorney Laws

A New Mexico power of attorney must be signed by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. A signature on a power of attorney is presumed genuine if the principal acknowledges the signature before a notary public or a similar official.

A principal may use a power of attorney to nominate a conservator of their estate or a guardian of their person for consideration by the court if protective proceedings for their estate or person are launched after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a conservator of the principal’s estate or another fiduciary to manage their property after the power of attorney is executed, the agent will be accountable to the fiduciary as well as the principal. The power of attorney is not terminated for this reason, and the agent’s authority will continue unless the court limits, suspends, or terminates it after giving the agent and the principal notice and an opportunity to be heard.

New York Power of Attorney Laws

A New York power of attorney must be typed or printed in letters that are legible or in a clear type no less than 12 point in size, or a reasonable equivalent if it is in writing. It must be signed, initialed, and dated by a principal with capacity, or in the name of the principal by someone other than an agent or successor agent in the principal’s presence and at their direction. (If someone signs at the principal’s direction, they must write or print the principal’s name and print and sign their own name.) The signature must be acknowledged in the manner required for the acknowledgment of a conveyance of real property. It must be witnessed by two people who are not named as agents or permissible recipients of gifts in the manner used for witnessing wills. A person who takes the acknowledgment of the power of attorney may serve as a witness.

The power of attorney also must be signed and dated by an agent acting on behalf of the principal, and the signature of the agent must be acknowledged as above. (A lapse in time between the acknowledgment of the principal’s signature and the acknowledgment of the agent’s signature does not make the power of attorney invalid.) Two elements of the statutory power of attorney form must be substantially reproduced in a power of attorney that does not use the statutory form.

If a guardian is appointed for the principal after a power of attorney takes effect, the agent will account to the guardian rather than the principal while the appointment lasts.

North Carolina Power of Attorney Laws

A North Carolina power of attorney must be signed by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. It also must be acknowledged. A signature on a power of attorney is presumed genuine if the principal acknowledges the signature before a notary public or a similar official.

A principal may use a power of attorney to nominate a guardian of their estate, a guardian of their person, or a general guardian for consideration by the clerk of the superior court if protective proceedings for their estate or person are begun after the power of attorney is executed. The clerk of the superior court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification. However, a nomination of a guardian of the person in a health care power of attorney will control over any nomination of a guardian of the person in a power of attorney.

If the clerk of the superior court appoints a guardian of the principal’s estate, a general guardian, or another fiduciary to manage their property after a power of attorney is executed, the agent will be accountable to the guardian or fiduciary as well as the principal. The power of attorney will not be terminated at this stage, and the agent’s authority will continue unless it is suspended or terminated by the clerk of the superior court, or terminated by the guardian of the estate or general guardian, under certain circumstances.

North Dakota Power of Attorney Laws

  • Applicable statute: North Dakota Century Code Chapter 30.1-30
  • Durability: Not presumed, but will be established if the instrument contains certain phrasing or its equivalent as provided by Section 30.1-30-01
  • Statutory form: None

North Dakota does not impose specific statutory requirements for executing a durable power of attorney, other than noting that it must be in writing and describing the type of language needed to make it durable.

A principal may use a durable power of attorney to nominate a conservator, a guardian of their estate, or a guardian of their person for consideration by the court if protective proceedings for their person or estate are brought after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause or disqualification.

If a court appoints a conservator, a guardian of the estate, or another fiduciary to manage the principal’s property after the durable power of attorney is executed, the attorney in fact under the power of attorney will be accountable to the fiduciary as well as the principal. The fiduciary will have the same power to revoke or amend the power of attorney that the principal would have had if not for their disability or incapacity.

Ohio Power of Attorney Laws

An Ohio power of attorney must be signed by the principal, or signed in their conscious presence by someone else directed by the principal to sign their name on the power of attorney. A signature on a power of attorney is presumed genuine if the principal acknowledges the signature before a notary public or a similar official.

A principal may use a power of attorney to nominate a guardian of their person, estate, or both for consideration by a court if proceedings for the appointment of a guardian are brought after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a guardian of the principal’s estate or another fiduciary to manage their property after the power of attorney is executed, the agent will be accountable to the fiduciary as well as the principal. The power of attorney is not terminated at this stage, and the agent’s authority will continue unless the court limits, suspends, or terminates it after notice to the agent and a finding that this would be in the best interest of the principal.

Oklahoma Power of Attorney Laws

An Oklahoma power of attorney must be signed by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. A signature on a power of attorney is presumed genuine if the principal acknowledges the signature before a notary public or a similar official.

A principal may use a power of attorney to nominate a guardian of their estate or person for consideration by the court if protective proceedings for their estate or person are brought after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a guardian of the principal’s estate or another fiduciary to manage their property after the power of attorney is executed, the agent will be accountable to the fiduciary as well as the principal. The power of attorney is not terminated in this situation, and the agent’s authority will continue unless the court limits, suspends, or terminates it.

Oregon Power of Attorney Laws

Oregon does not impose specific statutory requirements for executing a power of attorney.

If a conservator is appointed for a principal, the agent will account to the conservator rather than the principal for the duration of the conservatorship. The conservator will have the same power that the principal would have had to revoke, suspend, or terminate the power of attorney or part of it.

Pennsylvania Power of Attorney Laws

A Pennsylvania power of attorney must be dated, and it must be signed (by signature or mark) by the principal, or signed by someone else on behalf of the principal and at their direction if they are unable to sign and specifically direct someone else to sign the power of attorney.

The signature or mark of the principal, or the signature of a person signing the power of attorney on their behalf, must be acknowledged before a notary public or a similar official. This person cannot be the agent designated in the power of attorney. It also must be witnessed by two people who are 18 or older. The person who signed the power of attorney on behalf of the principal, the agent designated in the power of attorney, and the notary public or similar official cannot be witnesses. A power of attorney must include a notice signed by the principal, and an agent must execute an acknowledgment and affix it to the power of attorney.

A principal may use a durable power of attorney to nominate a guardian of their estate or person for consideration by the court if incapacity proceedings for their estate or person are brought after the power of attorney is executed. The court will appoint the person most recently nominated by the principal, except for good cause or disqualification. If the principal becomes an incapacitated person after the execution of a durable power of attorney, and a guardian is appointed for their estate, the agent will be accountable to the guardian as well as the principal. However, the court will determine in its guardianship order whether and to what extent the durable power of attorney remains in effect.

Rhode Island Power of Attorney Laws

The Rhode Island law applies to a statutory short form power of attorney. The execution of this type of power of attorney must be acknowledged by the principal in the manner required for the acknowledgment of a conveyance of real property. A statutory short form power of attorney must contain a certain notice in boldface type or the equivalent.

The law does not prohibit the use of a different form of power of attorney. It does not describe what happens upon the appointment of a guardian or conservator.

South Carolina Power of Attorney Laws

A South Carolina power of attorney must be signed by the principal, or signed in their presence by someone else whom the principal directs to sign their name on the power of attorney. It also must be attested with the same formality and the same witness requirements as a will, and it must be acknowledged or proved as Section 30-5-30 provides.

A principal may use a power of attorney to nominate a conservator or guardian for consideration by the court if protective proceedings for the principal’s estate or person are begun after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a conservator or guardian of the principal’s estate or another fiduciary to manage their property after the power of attorney is executed, the agent will be accountable to the fiduciary as well as the principal. The appointment of a guardian or conservator terminates the power of attorney to the extent that it relates to matters within the scope of the guardianship or conservatorship, unless the power of attorney provides otherwise.

South Dakota Power of Attorney Laws

A South Dakota power of attorney must be signed by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. A signature must be acknowledged before a notary public or a similar official.

A principal may use a power of attorney to nominate a conservator or guardian for consideration by the court. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a conservator or another fiduciary to manage the principal’s property after the power of attorney is executed, this will terminate the power of attorney. The agent must account to the conservator or other fiduciary and deliver any property of the principal in their possession to the conservator or other fiduciary, unless the court orders otherwise.

Tennessee Power of Attorney Laws

Tennessee does not impose specific statutory requirements for executing a durable power of attorney, other than noting that it must be in writing and describing the type of language needed to make it durable.

A principal may use a durable power of attorney to nominate a conservator, a guardian of their estate, or a guardian of their person for consideration by the court if protective proceedings for their person or estate are brought after the power of attorney is executed. The court must appoint the person most recently nominated in a durable power of attorney, except for good cause or disqualification.

If a court appoints a conservator, a guardian of the estate, or another fiduciary to manage the principal’s property after a durable power of attorney is executed, the attorney-in-fact will be accountable to the fiduciary as well as the principal. The fiduciary will have the same power to revoke or amend the power of attorney that the principal would have had if not for their disability or incapacity.

Texas Power of Attorney Laws

A durable power of attorney in Texas must be signed by an adult principal, or signed in their conscious presence by another adult whom the principal directs to sign their name on the instrument. It also must be acknowledged by the principal or another adult directed by the principal as above before an officer authorized to take acknowledgments to deeds of conveyance and administer oaths.

If a court appoints a permanent guardian of the principal’s estate after a durable power of attorney is executed, the powers of the agent will terminate once the guardian of the estate qualifies. This will require the agent to deliver to the guardian of the estate any assets of the incapacitated person’s estate in the possession of the agent, and to account to the guardian of the estate as the agent would account to the principal if they had terminated the agent’s powers.

Meanwhile, if a court appoints a temporary guardian of the principal’s estate after a durable power of attorney is executed, the court may suspend the powers of the agent from when the temporary guardian of the estate qualifies until the term of the temporary guardian expires.

Utah Power of Attorney Laws

A Utah power of attorney must be signed by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney before a notary public or a similar official. A signature on a power of attorney is presumed genuine if the principal acknowledges the signature before a notary public or a similar official. If the principal lives or is about to live at a hospital, assisted living facility, or nursing home when the power of attorney is executed, they generally may not name the owner, operator, health care provider, or employee of the facility as an agent.

A principal may use a power of attorney to nominate a conservator of their estate or a guardian of their person for consideration by the court if protective proceedings for their estate or person are brought after the power of attorney is executed. If the court appoints a conservator of the principal’s estate or a guardian of their person, it must appoint the person most recently nominated by the principal, unless there is good cause shown or disqualification.

If a petition is filed to appoint a conservator of the estate after a power of attorney has been executed, the court must consider whether the provisions in the power of attorney are adequate to manage and protect the principal’s estate without appointing a conservator, or whether the appointment of a conservator is necessary to manage and protect the estate. If the court determines that the appointment of a conservator or another fiduciary is necessary, the agent in the power of attorney will be accountable to the conservator or other fiduciary as well as the principal. The power of attorney is not terminated at this stage, and the agent’s authority will continue unless the court limits, suspends, or terminates it.

Vermont Power of Attorney Laws

  • Applicable statute: 14 Vermont Statutes Section 3501 et seq.
  • Durability: Not presumed, but will be established if the instrument contains certain phrasing or its equivalent as provided by Section 3508
  • Statutory form: None

A Vermont power of attorney must be signed by the principal in the presence of at least one witness and must be acknowledged before a notary public, who must be a different person from the witness. An agent cannot be a witness or the notary public. If the principal is physically unable to sign, someone else may sign the power of attorney in their name in their presence and at their direction. This person cannot be an agent. The power of attorney must state that another person has signed for the principal and identify that person.

The witness must affirm that the principal appeared to be of sound mind and free from duress when the power of attorney was signed, and that the principal affirmed that they were aware of the nature of the document and signed it freely and voluntarily. An agent cannot exercise authority under a power of attorney unless they have signed it, attesting to certain items.

If the Probate Division of the Superior Court finds that the appointment of a guardian is warranted based on a petition for involuntary guardianship, and the principal has nominated a guardian in a previously executed power of attorney, the Probate Division must appoint that person as the guardian unless it finds that this would not be in the best interests of the ward. (The statute lists various factors that the court must consider in determining the best interests of the ward.)

If a motion is filed in connection with a petition for the appointment of an involuntary guardian, or on the petition of a guardian who has been appointed, the Probate Division must consider whether the authority of an agent designated under a previously executed power of attorney should continue, or whether it should be limited, suspended, or terminated. The court may order that the power of attorney be limited, suspended, or terminated only if it determines that this would be in the best interests of the ward.

Virginia Power of Attorney Laws

A Virginia power of attorney must be signed by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. A signature on a power of attorney is presumed genuine if the principal acknowledges the signature before a notary public or a similar official.

A principal may use a power of attorney to nominate a conservator or guardian of their estate or a guardian of their person for consideration by the court if protective proceedings for their estate or person are brought after the power of attorney is executed. However, the court is not required to appoint the person nominated by the principal.

If a court appoints a conservator or guardian of the principal’s estate or another fiduciary to manage their property after a power of attorney has been executed, the agent will be accountable to the fiduciary as well as the principal. The power of attorney will not be terminated in this situation, and the agent’s authority will continue unless the court limits, suspends, or terminates it.

Washington Power of Attorney Laws

A Washington power of attorney must be signed and dated by the principal. The signature must be either acknowledged before a notary public or a similar official, or attested by two or more competent witnesses by signing the power of attorney in the presence of the principal and at their direction or request. The witnesses cannot be home care providers for the principal, care providers at a facility where the principal lives, or relatives of the principal or agent.

A power of attorney will be considered signed if the principal is physically unable to sign their name, and they make a mark in accordance with Section 11.12.030, or if they are physically unable to make a mark, and the power of attorney is executed as Section 64.08.100 provides. A signature is presumed genuine if the principal acknowledges it before a notary public or a similar official.

A principal may use a power of attorney to nominate a conservator of the estate or guardian of the person for consideration by the court if protective proceedings for their estate or person are begun after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a conservator of the estate or another fiduciary to manage the principal’s property after the power of attorney has been executed, the agent will be accountable to the fiduciary as well as the principal. (If a court appoints a guardian of the person, and the power of attorney includes health care decisions, the agent also will be accountable to the fiduciary as well as the principal.) The power of attorney is not terminated in this situation, and the agent’s authority generally will continue unless the court limits, suspends, or terminates it.

Washington, D.C. Power of Attorney Laws

Washington, D.C. does not impose specific statutory requirements for executing a durable power of attorney, other than noting that it must be in writing and describing the type of language needed to make it durable.

A principal may use a durable power of attorney to nominate a conservator, a guardian of their estate, or a guardian of their person for consideration by the court if protective proceedings for their person or estate are brought after the power of attorney is executed. The court must appoint the person most recently nominated by the principal in a durable power of attorney, except for good cause or disqualification.

If a court appoints a conservator, a guardian of the estate, or another fiduciary to manage the principal’s property after a durable power of attorney has been executed, the attorney in fact will be accountable to the fiduciary as well as the principal. The fiduciary will have the same power to revoke or amend the power of attorney that the principal would have had if not for their incapacity and disability.

West Virginia Power of Attorney Laws

A West Virginia power of attorney must be signed by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. It also must be acknowledged by the principal before a notary public or similar official.

A principal may use a power of attorney to nominate a conservator of their estate or a guardian of their person for consideration by the court if protective proceedings for their estate or person are brought after the power of attorney is executed. The court will consider the nomination as Section 44A-2-8 provides.

If a court appoints a conservator of the principal’s estate or another fiduciary to manage their property after the power of attorney has been executed, the agent will be accountable to the fiduciary as well as the principal. However, the power of attorney and the authority of the agent terminate on the appointment of the conservator or fiduciary, unless the court orders otherwise.

Wisconsin Power of Attorney Laws

A Wisconsin power of attorney must be signed by the principal, or otherwise someone else must sign the principal’s name on the power of attorney in their conscious presence and directed by them. A signature of the principal on a power of attorney is presumed genuine if the principal acknowledges the power of attorney before a notarial officer.

A principal may use a power of attorney to nominate a guardian of their estate or person for consideration by the court if protective proceedings for their estate or person are begun after the power of attorney is executed. However, the court is not required to appoint this person.

If a court appoints a conservator or guardian of the principal’s estate or another fiduciary to manage their property after a power of attorney has been executed, the agent will be accountable to the fiduciary as well as the principal. The power of attorney will not be terminated in this situation, and the authority of the agent will continue unless the court limits, suspends, or terminates it.

Wyoming Power of Attorney Laws

A Wyoming power of attorney must be signed by the principal, or signed in their conscious presence by someone else whom the principal directs to sign their name on the power of attorney. A signature on a power of attorney is presumed genuine if the principal acknowledges the signature before a notary public or a similar official.

A principal may use a power of attorney to nominate a conservator of their estate or a guardian of their person for consideration by the court if protective proceedings for their estate or person are begun after the power of attorney is executed. The court must appoint the person most recently nominated by the principal, except for good cause shown or disqualification.

If a court appoints a conservator of the principal’s estate or another fiduciary to manage their property after a power of attorney has been executed, the agent will be accountable to the fiduciary as well as the principal. The power of attorney will not be terminated in this situation, and the authority of the agent will continue unless the court limits, suspends, or terminates it.

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