Power of attorney signing requirements by state

In many states, yes. On the official pages we read, notarization is required in 26 jurisdictions (Alaska, Arizona, District of Columbia, Florida, Georgia, Illinois, Iowa, Kansas, Maine, Maryland, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, West Virginia), and California, Indiana, Michigan and Washington accept a notary or witnesses. In 14 uniform-act states (Alabama, Arkansas, Colorado, Connecticut, Hawaii, Idaho, Kentucky, Nevada, New Mexico, Ohio, Vermont, Virginia, Wisconsin, Wyoming) it isn't a condition of validity, but an acknowledged signature is presumed genuine, which is why banks and recorders expect it.

Two witnesses on top of the notary: Connecticut, Florida, Maryland, New York and Pennsylvania. One witness: Arizona, Delaware and Illinois. Georgia and South Carolina require witnesses without the page we read giving a number. California, Washington and Michigan let two witnesses stand in for the notary, and Indiana allows witnesses instead of a notary.

In Michigan, Minnesota, New York and Pennsylvania, yes: the agent signs an acknowledgment of duties (New York's agent signs the power of attorney itself, with an acknowledged signature) before acting. Delaware, New Hampshire and New Mexico put an agent section on the official form. In most uniform-act states an agent accepts simply by acting.

Where the agent will sign a deed or mortgage, Nevada, North Carolina, Ohio, Texas and West Virginia require the power of attorney to be recorded. South Carolina requires recording before the agent acts after the principal's incapacity. In Florida and Missouri recording may be asked for. Elsewhere the title company or county recorder usually decides; ask before closing.

A model law from the Uniform Law Commission that many states adopted with changes. On the states' own statute pages we confirmed it in 27 jurisdictions. Under it a power of attorney is durable unless it says otherwise; in Arizona, Florida, Massachusetts, Minnesota, Mississippi, Missouri, New Jersey, North Dakota, South Dakota, Tennessee, Texas and Washington it needs durable wording to survive incapacity.

We fill in a rule only after reading it on an official page: the state's statute site, a state court self-help page or a state agency. 310 facts are confirmed and 98 are not. A blank is never filled with a guess.