How to Get a Power of Attorney Form

What is a power of attorney?

Power of attorney documents allow you—the principal—to designate an agent—also called an attorney-in-fact—to make certain legal and financial decisions on your behalf.

You might use a power of attorney to authorize an agent to carry out real estate transactions, file federal taxes, or represent you in legal proceedings. It's also common to use a medical power of attorney in tandem with other estate planning documents to dictate your healthcare wishes in case of incapacitation. 

Types of power of attorney

There are several variations of a power of attorney. You may need to fill out a specific form depending on the type of POA.

• General power of attorney: Grants broad powers over finances and legal matters.
• Limited (special) power of attorney: Grants the agent specific powers for particular situations, such as to sell personal property or handle tax matters.
• Durable power of attorney: Remains in effect even if the principal becomes incapacitated. In contrast, a ” non-durable” power of attorney becomes invalid if the principal becomes incapacitated. You can decide whether you want your power of attorney to be durable or non-durable.
• Medical power of attorney: Also referred to as an advance healthcare directive, it allows the agent to make healthcare decisions on behalf of the principal as dictated in their power of attorney document.
• Springing power of attorney: Becomes effective only when a specific event dictated in the POA occurs, typically if the principal becomes incapacitated. In contrast, you can also choose to have an "immediately effective" power of attorney, which allows the agent to begin taking action once the principal signs the document.

Why is a power of attorney form important?

A well-drafted power of attorney form will outline what powers you authorize your agent to perform, when the POA will take effect, and how long it will remain effective.

In that way, having these legal documents in place can prevent future legal complications and spare family members from having to make difficult decisions. That said, what you include in the document will determine how well it informs your agent's future actions on your behalf. 

How to get POA forms in 3 ways

There are a few different ways to obtain a POA form depending on how generalized or specific of a POA you want. 

1. Obtain a power of attorney form from your state

The easiest way to ensure your POA aligns with state requirements is to download a statutory form from your state's official government website. Many states provide sample or downloadable power of attorney forms designed to comply with state-specific laws. While this option doesn't allow you to entirely curate the POA to align with your individual needs, it does allow you to create a generalized form by checking boxes for the powers you want to authorize.

2. Purchase forms from a reputable online legal service

If your state doesn't provide sample forms or if you prefer a more customized approach, you can also work with an online legal services provider to create a power of attorney form. LegalZoom's POA service poses a series of questions and provides a tailored form based on your answers. This option offers attorney support and a more personalized document without the full price of hiring an attorney from start to finish.

3. Contact a licensed estate-planning attorney

Lastly, an estate planning attorney licensed to practice law in your jurisdiction can also create a valid power of attorney document for you. If your situation is complex or if you have questions about the scope of your power of attorney, working with a lawyer can provide valuable peace of mind. 

Where to find free state-specific power of attorney forms (and how to verify they're statutory)

Many websites offer generic templates that look official but may not meet your state's statutory requirements. Using an outdated or non-compliant form can result in banks, healthcare providers, or other institutions refusing to honor it, wasting your time, and potentially leaving you without the legal authority you need in a critical moment.

The safest approach is to start with official government sources. Many states publish statutory power of attorney forms directly through their legislature's website, state bar association, or court system. For example, if you search "[Your State] statutory power of attorney form" along with terms like "legislature" or "state bar," you'll often find the official template. State court websites sometimes offer downloadable forms in their self-help or probate sections, particularly for financial and healthcare powers of attorney.

To verify you have the correct statutory form, look for these indicators:

• Official source: The form comes directly from your state legislature, judicial branch, state bar association, or a legal aid organization affiliated with your state
• Statutory language: The form includes a reference to the specific state statute it's based on (e.g., "Pursuant to [State] Code § [Number]")
• Current revision date: Check that the form reflects recent law changes—forms older than 3-5 years may be outdated
• State-specific provisions: The form includes powers, limitations, and execution requirements unique to your state's law

Be cautious with commercial legal form websites. While some aggregate legitimate state forms, others offer generic templates labeled as "valid in all 50 states," which is rarely true for powers of attorney. If you download a form from a non-governmental site, cross-reference it against your state's official statutory form or consult your county clerk's office to confirm it meets local requirements.

Considerations for power of attorney forms

To ensure the document is valid and enforceable in your state, there are a few things to keep in mind when trying to establish a POA using a POA form.

• State-specific requirements. State statutes authorize power of attorney forms. In other words, your completed document must comply with your state's specific requirements to be legally valid. For example, some states require your POA to include specific language or clauses.
• Notarization and witnessing. Some states require you to have your POA forms witnessed or signed by a notary public. Confirm what signatures your form needs to be legally binding according to your state’s requirements.
• Scope and duration. Clearly define the powers granted and the duration of the POA to align with your intentions. Dictate when the POA will take effect and under what conditions it should terminate.
• Filing requirements. Typically, states don’t require you to file a POA with your local country clerk, although some recommend it. Depending on the purpose of your POA, you may need to file it with the relevant institution. 

Among these considerations, proper execution—specifically notarization and witnessing—is the most critical factor in determining whether your POA will be legally valid and accepted by institutions.

Power of attorney signing requirements: notarization, witnesses, and state-specific rules

Choosing a form and filling in the right details is only part of the process—your POA also has to be executed correctly to be enforceable. Because notarization and witness rules vary by state, it's worth confirming the signing requirements before you finalize anything.

Execution errors are the most common reason a power of attorney fails when you need it most. Even a perfectly drafted document becomes worthless if it isn't signed, witnessed, or notarized according to your state's law. Requirements vary significantly by state—some require only notarization, others demand witnesses, and a few require both.

Understanding your state's execution requirements

Most states fall into one of three categories:

• Notarization only: The principal (you) must sign the document in front of a notary public, who verifies your identity and witnesses your signature
• Witnesses only: Two or more disinterested adult witnesses must watch you sign and then sign the document themselves
• Both notarization and witnesses: The document must be both notarized and witnessed by separate individuals

Who can serve as a witness

Even in states that allow witnesses instead of (or in addition to) notarization, not just anyone can serve as a witness. Most states prohibit:

• Your agent or successor agent named in the document
• Your spouse or close relatives
• Anyone who stands to inherit from you or benefit financially from the power of attorney

Witnesses must typically be adults (18 or older) with no conflict of interest. Some states also require that witnesses be "competent," meaning they understand what they're witnessing and can testify to it if needed.

Notarization best practices

If your state requires notarization, bring a valid government-issued photo ID (driver's license, passport, or state ID card) to your notary appointment. The notary will verify your identity, confirm you're signing voluntarily, and complete a notarial certificate that becomes part of your power of attorney. Never sign the document before meeting with the notary—they must witness your signature in real time.

How to fill out a power of attorney form correctly

Once you know what your state requires for signing, the next step is making sure the form is completed in a way that matches your intentions and won't raise red flags later. Small mistakes, like missing initials, unclear limits, or leaving sections blank, can create confusion or lead to rejection when your agent tries to use it.

Completing the form incorrectly can render it useless or grant unintended authority to your agent. Power of attorney forms contain critical fields that determine who can act for you, what powers they have, when those powers begin, and what limitations apply. Mistakes in any of these areas can lead to rejection by financial institutions, healthcare providers, or courts.

Designating your agent and successor agents

The agent (also called an attorney-in-fact) is the person you authorize to act on your behalf. Choose someone you trust completely. This person will have significant authority over your affairs. You'll need to provide their full legal name, address, and contact information. Many forms also allow you to name one or more successor agents who step in if your primary agent is unable or unwilling to serve.

Consider naming at least one successor to avoid the need to create a new power of attorney if your primary agent becomes unavailable.

Choosing and limiting powers

Most statutory forms present a list of specific powers you can grant, such as:

• Real estate transactions (buying, selling, managing property)
• Banking and financial accounts
• Tax matters
• Legal claims and litigation
• Business operations
• Insurance and retirement accounts
• Healthcare decisions (if the form covers medical powers)

You typically initial or check boxes next to each power you want to grant. Do not grant powers you don't intend your agent to have. If you leave all boxes checked by default, your agent may have broader authority than you intended. Conversely, if you skip powers your agent will actually need, they may be unable to help you when it matters.

Adding special instructions and limitations

Many forms include a section for special instructions or limitations. Use this space to:

• Restrict when or how certain powers can be used (e.g., "Agent may sell real property only with approval of my spouse")
• Require your agent to consult with specific family members or advisors before major decisions
• Prohibit specific actions (e.g., "Agent may not make gifts exceeding $5,000 per year")
• Clarify your intentions for ambiguous situations

Be specific but concise. Overly complex or contradictory instructions can confuse institutions or create legal disputes. If your situation requires extensive customization, consider consulting an attorney rather than relying solely on a statutory form.

Selecting the effective date

Power of attorney forms typically offer two options for when your agent's authority begins:

• Immediate (non-springing): Your agent can act as soon as you sign the document, even while you remain fully capable
• Springing: Your agent's authority only begins when a specific event occurs, usually your incapacity as certified by one or two physicians

Immediate powers of attorney are generally more practical because they avoid the delay and difficulty of proving incapacity. However, if you're uncomfortable with your agent having immediate authority, a springing provision may be appropriate—just understand that it may create obstacles when your agent needs to act quickly.

Choosing the right method: online service vs. attorney vs. state form

Deciding how to create your power of attorney depends on your situation's complexity, your comfort with legal documents, your budget, and how much risk you're willing to accept. Each method offers different tradeoffs between cost, convenience, customization, and legal protection.

When a free state statutory form may be sufficient

Free state forms may work well if:

• Your situation is straightforward with no unusual family dynamics, business interests, or asset complexity
• You're comfortable reading legal documents and following detailed instructions
• You have a clear, trusted agent and don't need extensive customization
• You can easily access a notary and witnesses who meet your state's requirements

The main advantage is cost—state forms are free and designed to meet statutory requirements. The disadvantage is that you're responsible for understanding every provision, completing the form correctly, and ensuring proper execution. If you make a mistake, you may not discover it until your agent tries to use the document and it's rejected.

When an online power of attorney service makes sense

Online legal services like LegalZoom can help you create a power of attorney document that fits your needs. This service can be beneficial when:

• You want more guidance than a blank state form provides, but don't need complex legal advice
• You value convenience—most services offer step-by-step questionnaires that generate customized documents
• You want additional features like document storage, updates, or access to attorney consultations
• Your situation has minor complications (e.g., multiple properties, blended family) but no major legal disputes or conflicts

Online services reduce completion errors through guided questions and often include state-specific execution instructions. 

6 reasons to consider an online POA service

Using a paid service like LegalZoom to obtain a POA form can offer several advantages, especially if your needs are unique or complex.

1. Personalization

Paid online services often provide tailored POA forms that they'll create based on your responses to their online questionnaire. This includes adding clauses, setting limitations, and defining the scope of authority precisely, which may not be available in free, generic templates such as the ones provided on your state website.

2. Compliance

Working with an online legal service provider can also help to ensure the document complies with state laws. These service providers typically stay updated with changes in state laws, so you can be confident the document will meet all state-specific legal requirements to be legally enforceable in your state.

3. Guidance from legal professionals

Many paid services provide access to legal professionals who can review your POA, answer questions, and provide legal counsel. LegalZoom's premium plan offers legal counsel, attorney reviews, and document revisions. This can be invaluable for understanding complex terms, choosing the right type of POA, and ensuring all important details are addressed.

4. Complex situations and special clauses

If you have unique needs—such as including specific conditions for activating the POA (like a springing POA that becomes effective upon incapacitation)—a paid service can offer a document with the necessary complexity and customization to fit your situation.

5. Peace of mind

Using a paid service minimizes the risk of mistakes, like incorrect wording or missing sections, that could render the POA invalid. LegalZoom's basic plans also offer a month's worth of unlimited revisions to make sure you are satisfied with your POA before signing and recording it. This peace of mind is especially important for individuals managing significant assets or complex medical needs.

6. Affordable legal support

A paid online service can be a cost-effective middle ground between free forms and hiring an attorney directly, often at a fraction of the cost. These services provide legal guidance that’s more affordable for simple to moderately complex needs.