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Do I Need A Witness Present To Have A Durable Power Of Attorney?

By NotaryLive Staff

Published on 01/28/2021

KEY TAKEAWAYS

Witness requirements for a durable power of attorney (POA) vary by state—check your state's laws
Some states require notarization or witnesses to verify mental competence
Consult an attorney for guidance on POA requirements in your state

Do I need a witness present for a durable power of attorney?

The state where you sign the power of attorney form (POA) determines the answer. You must check with your state’s laws before you begin the process of drafting your power of attorney.

You can also check the National Notary Association (NNA) for notarization rules and law updates in each state.

1. What's the difference between a Durable Power of Attorney vs. a Regular Power of Attorney?

Before going into the blog, it's good to know the difference in DPOA vs. POA.

Power of Attorney: is a document that gives a person you choose (your “agent”) the legal authority to make decisions on your behalf.

The term “durable” simply means this authority remains in effect even if you become incapacitated or mentally incompetent.

Regular (non-durable) poa: This is revoked immediately if you become incapacitated

Durable POA: This is specifically written to survive your incapacitation.

2. Why do Power of Attorney laws vary?

The power of attorney (POA) must follow your state’s laws, or third parties may refuse your agent’s authority.

Each state has its own laws for notarizing your power of attorney form or requiring a witness at signing.

Following these rules ensures your power of attorney is valid when you need it most.

In every state, you (the principal) must sign the power of attorney to appoint your agent.

Whether your power of attorney needs notarization depends on your state. If required, you can notarize online with NotaryLive.com, an online notary service.

Your state may not require notarizing your power of attorney form or having a witness. But doing so helps make sure it’s valid.

3. POA Witness Requirements By State

Below is a list of the power of attorney witness requirements per state.

Keep in mind that the different types of Power of Attorney Forms (POA), may differ in the number of witnesses required. The different types are:

Financial Power of Attorney
Medical Power of Attorney (or Healthcare POA)

State	POA Witness Requirements By State & Notarization Requirements
Alabama	Financial Witnesses not required (Recommended 2 witnesses) Notarization required Medical 2 witnesses OR a notary public
Alaska	Financial 2 adult witnesses OR notary public Medical 2 adult witnesses OR notarization
Arizona	Financial 1 witness Notarization is required Medical 1 witness OR a notary public
Arkansas	Financial Witnesses not required Notarization is required Medical 2 witnesses required OR notary public
California	Financial 2 witnesses required OR notary public Medical 2 witnesses required OR notary public
Colorado	Financial Witnesses not required Notarization not required Medical Witnesses not required Notarization not required
Connecticut	Financial 2 witnesses required Notarization required Medical 2 witnesses required
Delaware	Financial 1 witness required Notarization required Medical 2 witnesses required
Florida	Financial 2 witnesses required Notarization required Medical 2 witnesses required
Georgia	Financial 1 witness required Notarization required Medical 2 witnesses required
Hawaii	Financial Witnesses not required Notarization required Medical 2 witnesses OR a notary public
Idaho	Financial Witnesses not required Notarization required Medical Witnesses or notarization not required
Illinois	Financial 1 witness required Notarization required Medical 1 witness required
Indiana	Financial 2 witnesses required OR notary public Medical Notarization required
Iowa	Financial 2 witnesses required Notarization required Medical 2 witnesses required Notarization is required
Kansas	Financial 2 witnesses required OR notary public Notarization is recommended Medical 2 witnesses required OR notary public
Kentucky	Financial Since 2018, witnesses no longer required Notarization required Medical 2 witnesses OR notary public
Louisiana	Financial 2 witnesses required Notarization required Medical 2 witnesses required
Maine	Financial Witnesses not required Notarization required Medical 2 witnesses required
Maryland	Financial 2 witnesses required Notarization required Medical 2 witnesses required
Massachusetts	Financial 2 witnesses required Notarization not required but highly recommended Medical 2 witnesses required
Michigan	Financial 2 witnesses required OR notary public Medical 2 witnesses required
Minnesota	Financial Witnesses not required Notarization required Medical 2 witnesses OR notary public
Mississippi	Financial Witnesses not required Notarization required Medical 2 witnesses OR notary public
Missouri	Financial Witnesses not required Notarization required Medical Notarization required (If you plan to give an agent authority for burial/cremation, you'll need 2 witnesses.
Montana	Financial Witnesses not required Notarization required Medical 2 witnesses required
Nebraska	Financial Witnesses not required Notarization required Medical 2 witnesses OR notary public
Nevada	Financial 2 witnesses required Notarization required Medical 2 witnesses OR notary public (If agent has authority to direct burial/cremation, notarization is required).
New Hampshire	Financial Witnesses not required Notarization required Medical 2 witnesses OR notary public
New Jersey	Financial Witnesses not required Notarization required Medical 2 witnesses OR notary public
New Mexico	Financial Witnesses not required Notarization required Medical Witnesses or notarization not required (but recommended)
New York	Financial 2 witnesses required Notarization required Medical 2 witnesses required
North Carolina	Financial Witnesses not required Notarization required Medical 2 witnesses required Notarization required
North Dakota	Financial Witnesses not required Notarization required Medical 2 witnesses OR notary public
Ohio	Financial Witnesses not required Notarization required Medical 2 witnesses OR notary public
Oklahoma	Financial Witnesses not required Notarization not required (but recommended) Medical 2 witnesses required
Oregon	Financial Witnesses not required Notarization required Medical 2 witnesses OR notary public
Pennsylvania	Financial 2 witnesses required Notarization required Medical 2 witnesses required
Rhode Island	Financial Witnesses not required Notarization required Medical 2 witnesses OR notary public (must be notarized if agent will direct burial/cremation)
South Carolina	Financial 2 witnesses required Notarization required Medical 2 witnesses required Notarization required
South Dakota	Financial Witnesses not required Notarization required Medical 2 witnesses OR notary public
Tennessee	Financial 2 witnesses OR notary public Medical 2 witnesses OR notary public
Texas	Financial Witnesses not required Notarization required Medical 2 witnesses OR notary public (if agent directs burial/cremation, you must have both)
Utah	Financial Witnesses not required Notarization required Medical 1 witness (if agent directs burial/cremation, you must have 2 witnesses)
Vermont	Financial 1 witness required Notarization required Medical 2 witnesses required
Virginia	Financial Witnesses not required Notarization required Medical 2 witnesses required (must be notarized if agent directs burial/cremation)
Washington	Financial 2 witnesses OR notary public Medical 2 witnesses OR notary public
West Virginia	Financial 2 witnesses required Notarization required Medical 2 witnesses AND a notary public
Wisconsin	Financial Witnesses not required Notarization required Medical 2 witnesses required
Wyoming	Financial Witnesses not required Notarization required Medical 2 witnesses OR notary public

Remember, these requirements can change, so it's always best to consult legal resources or an attorney for the most up-to-date information specific to your state.

4. Notarize Documents Online With NotaryLive

Need to notarize legal paperwork but don't want to leave your cozy home or office?

No more needing to search “notary near me” or “notary public near me” when looking for notarial services.

NotaryLive has got you covered. We're an online notary service, bringing the notarization process right into the comfort of your home with our remote online notarization service.

Here's how our remote notary software works in 4 simple steps:

Upload Your Document
Verify Your Identity with our advanced credential analysis
Connect with a remote notary
Download your notarized document online

How NotaryLive, An Online Notary Service Works

Click the button below to get started,

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And there you have it, a sneak peek into the world of online notary services and its most popular states and the documents. Remember, each state has its jurisdiction, so it's important to check your state-specific laws!

For more information on notarizations, visit NNA (National Notary Association) for regular updates.

Does NotaryLive sound like the right fit for you and your business?

Learn more about our NotaryLive Business account can help your firm.

For pricing info, click here to visit our Pricing page!

If you have any questions, contact our sales team, and schedule a demo. We will be happy to help!

**Legal Disclaimer - We are not lawyers or attorneys and do not give any legal advice. Please check with your attorneys, advisors, or document recipients if you have any unanswered questions about your documents.

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Updated Date: 09/18/2025

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