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Study · statute-sourced · 2026

Power of Attorney: Notary and Witness Rules in All 50 States

In 30 states, a financial power of attorney isn't valid without a notary, and 6 states demand two witnesses (5 of them on top of the notary). In the other 20, the statute requires neither. Every rule is cited to the state statute.

Quick answers

Does a power of attorney need to be notarized?

In 30 states, yes — the statute makes notarization a validity or execution requirement for a financial POA. In the other 21 it is not a statutory requirement: where the statute mentions it, a notarized signature is only presumed to be genuine. Banks routinely reject unnotarized POAs, so notarize anyway.

Which states require neither a notary nor witnesses?

20 jurisdictions: Alabama, Arkansas, Colorado, Hawaii, Idaho, Kentucky, Louisiana, Massachusetts, Mississippi, Montana, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Tennessee, Vermont, Virginia, Wisconsin, Wyoming. There the statute sets no notary or witness requirement for a financial POA, but banks expect a notarized one, so notarize anyway.

Which states require witnesses for a POA?

Connecticut, Florida, Maryland, New York, Pennsylvania, South Carolina require two witnesses, and a few require one. In states offering a "notary OR witnesses" choice, the notary path is counted here and the witness alternative is noted in our per-state sources.

Is this the same for a medical power of attorney?

No — this study covers financial/durable POAs only. Health-care POAs and advance directives follow separate statutes with often stricter witness rules. Check your state’s health-care directive law separately.

What is a statutory form?

Many states publish an official fill-in POA form in the statute itself. Using it maximizes acceptance by banks and agencies. Our state pages follow each state’s statutory form where one exists.

30

states where the notary is mandatory

21

valid without one — but notarize anyway

6

states requiring 2 witnesses

51

jurisdictions, all cited

Notary mandatory (30 states)

The statute makes notarization a validity or execution requirement. Tap a state for its fillable POA following that state's rules.

Financial POA: states where notarization is mandatory (as of 2026) — each row cites its statute
StateWitnessesSource
Florida 2 witnesses Fla. Stat. §709.2105
Maryland 2 witnesses Md. Code Est. & Trusts §17-110 (form §17-202)
New York 2 witnesses N.Y. Gen. Oblig. Law §5-1501B (form §5-1513)
Pennsylvania 2 witnesses 20 Pa. Cons. Stat. §5601
South Carolina 2 witnesses S.C. Code §62-8-105
Arizona 1 witness Ariz. Rev. Stat. §14-5501
Delaware 1 witness 12 Del. C. §49A-105 (form §49A-301)
Georgia 1 witness Ga. Code §10-6B-5 (form §10-6B-70)
Illinois 1 witness 755 ILCS 45/3-3
Alaska no witnesses Alaska Stat. §13.26.600 (form §13.26.645)
California no witnesses Cal. Prob. Code §4121 (form §4401)
District of Columbia no witnesses D.C. Code §21-2601.05 (form §21-2603.01)
Indiana no witnesses Ind. Code §30-5-4-1
Iowa no witnesses Iowa Code §633B.105 (form §633B.301)
Kansas no witnesses Kan. Stat. §58-652
Maine no witnesses 18-C M.R.S. §5-905
Michigan no witnesses Mich. Comp. Laws §556.205 (form §556.401)
Minnesota no witnesses Minn. Stat. §523.23
Missouri no witnesses Mo. Rev. Stat. §404.705
Nebraska no witnesses Neb. Rev. Stat. §30-4005 (form §30-4041)
Nevada no witnesses Nev. Rev. Stat. §162A.220 (form §162A.620)
New Hampshire no witnesses N.H. Rev. Stat. §564-E:105 (form §564-E:301)
New Jersey no witnesses N.J. Stat. §46:2B-8.9
North Carolina no witnesses N.C. Gen. Stat. §32C-1-105 (form §32C-3-301)
Rhode Island no witnesses R.I. Gen. Laws §18-16-2
South Dakota no witnesses S.D. Codified Laws §59-12-4 (form §59-12-41)
Texas no witnesses Tex. Est. Code §751.0021 (form §752.051)
Utah no witnesses Utah Code §75A-2-105 (form §75A-2-301)
Washington no witnesses Rev. Code Wash. §11.125.050
West Virginia no witnesses W. Va. Code §39B-1-105 (form §39B-3-101)

Valid without a notary — but notarize anyway (21 states)

The statute does not make notarization a validity requirement — where it mentions it, an acknowledged signature is only presumed genuine. Banks routinely reject unnotarized POAs. Louisiana, which sets no required form at all, is covered in its own section below the table.

Louisiana: no required form

Louisiana's Civil Code subjects a procuration (its power of attorney) to the rules of mandate (art. 2988), and a mandate “is not required to be in any particular form” — except that when the law prescribes a form for the act the agent will carry out, the mandate must be in that form (La. Civ. Code art. 2993). Notarizing remains wise for bank acceptance there too.

How to read these rules (methodology)

Scope: financial/durable POA only — health-care POAs follow separate, often stricter statutes. "Notary OR witnesses" states are counted on the notary path, with the witness alternative documented in our per-state sources. Rules as of 2026; the statute linked on each row is authoritative. This is a comparison, not legal advice.

Free to cite and reproduce (CC BY 4.0) — we only ask for a link to https://sealforms.com/us/power-of-attorney-requirements/.

Download CSV / JSON: power-of-attorney-requirements.csv · power-of-attorney-requirements.json — 102 rows (2 rules × 51 jurisdictions). Each row carries the statute it comes from (cite, the authority) and a link to read it (sourceUrl — not always the official site: some rows link a secondary copy or summary of that statute), plus the dataset’s as-of year (asOf). CC BY 4.0; the CSV header is on line 1.

Ready to sign one? Every state page has a fillable power of attorney that follows that state's execution rules. See also our studies on eviction notice periods and security deposit limits.