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
Medical
|
Alaska | Financial
Medical
|
Arizona | Financial
Medical
|
Arkansas | Financial
Medical
|
California | Financial
Medical
|
Colorado | Financial
Medical
|
Connecticut | Financial
Medical
|
Delaware | Financial
Medical
|
Florida | Financial
Medical
|
Georgia | Financial
Medical
|
Hawaii | Financial
Medical
|
Idaho | Financial
Medical
|
Illinois | Financial
Medical
|
Indiana | Financial
Medical
|
Iowa | Financial
Medical
|
Kansas | Financial
Medical
|
Kentucky | Financial
Medical
|
Louisiana | Financial
Medical
|
Maine | Financial
Medical
|
Maryland | Financial
Medical
|
Massachusetts | Financial
Medical
|
Michigan | Financial
Medical
|
Minnesota | Financial
Medical
|
Mississippi | Financial
Medical
|
Missouri | Financial
Medical
|
Montana | Financial
Medical
|
Nebraska | Financial
Medical
|
Nevada | Financial
Medical
|
New Hampshire | Financial
Medical
|
New Jersey | Financial
Medical
|
New Mexico | Financial
Medical
|
New York | Financial
Medical
|
North Carolina | Financial
Medical
|
North Dakota | Financial
Medical
|
Ohio | Financial
Medical
|
Oklahoma | Financial
Medical
|
Oregon | Financial
Medical
|
Pennsylvania | Financial
Medical
|
Rhode Island | Financial
Medical
|
South Carolina | Financial
Medical
|
South Dakota | Financial
Medical
|
Tennessee | Financial
Medical
|
Texas | Financial
Medical
|
Utah | Financial
Medical
|
Vermont | Financial
Medical
|
Virginia | Financial
Medical
|
Washington | Financial
Medical
|
West Virginia | Financial
Medical
|
Wisconsin | Financial
Medical
|
Wyoming | Financial
Medical
|
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

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.
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**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: 09/17/2025