How to Get Power of Attorney
- Karen Stevenson
- Apr 14
- 5 min read
Updated: Apr 15
Getting power of attorney doesn't have to be complicated — but it does have to be done correctly. Whether you're planning for your own future or stepping in to help a family member, the process is more straightforward than most people expect. What trips people up isn't the paperwork. It's not knowing where to start. Consider this your starting point.
What Is Power of Attorney, Exactly?
Before diving into the how, a quick grounding on the what. A power of attorney is a legal document that authorizes one person — called the agent or attorney-in-fact — to act on behalf of another person, called the principal. Depending on the type of POA, that authority can cover financial decisions, healthcare choices, real estate transactions, or a combination of all three.
The person granting the authority must be of sound mind at the time of signing. This is one of the most critical and most misunderstood aspects of the entire process. You cannot obtain power of attorney for someone who has already lost the mental capacity to grant it. If that situation applies to you, the path forward is guardianship or conservatorship — a court-supervised process that is significantly more involved.
Step One — Determine What Type of POA You Need
Not all power of attorney documents are created equal, and choosing the wrong type can leave critical gaps in coverage. Here's a quick orientation:
A General POA grants broad authority over financial and legal matters but terminates if the principal becomes incapacitated, which limits its usefulness for long-term planning.
A Durable POA remains in effect even if the principal becomes incapacitated, making it the go-to choice for aging parents, serious illness planning, or any scenario where the principal's future capacity is uncertain.
A Medical or Healthcare POA specifically authorizes the agent to make healthcare and medical decisions on the principal's behalf. In many states, this is a separate document from the financial POA.
A Limited or Special POA grants authority for one specific task or transaction — such as signing closing documents on a real estate sale — and expires once that task is complete.
If you're unsure which type fits your situation, this is worth a 30-minute conversation with an estate planning attorney before you commit to any document.
Step Two — Choose Your Agent Carefully
Your agent will have significant legal authority over your affairs. This is not a decision to make casually or out of obligation. The right agent is trustworthy, organized, and capable of making sound decisions under pressure — ideally someone who understands your values and will honor your wishes even when it's difficult.
A few practical considerations: your agent should be a legal adult, should not be your paid caregiver in most states, and should be someone who is realistically available to step in when needed. Many people name a primary agent and a successor agent in the same document, so there is a backup in place if the first choice is unable or unwilling to serve.
Step Three — Draft the Document
This is where most people either overcomplicate things or cut too many corners. You have three realistic options:
Use a state-issued statutory form. Many states publish official POA forms that are legally recognized the moment they're properly executed. These are free, widely available on state government and bar association websites, and entirely valid for straightforward situations.
Use an attorney-reviewed template. Platforms that offer professionally drafted, customizable POA templates give you the structure and legal language of an attorney-prepared document at a fraction of the cost. Our platform's attorney-drafted durable power of attorney template is built to meet your state's requirements and written in plain language — so you know exactly what you're authorizing before you sign.
Hire a private attorney. For complex estates, business interests, blended families, or significant assets, working directly with an estate planning or elder law attorney is the most comprehensive option. Expect to invest between $200 and $500 for a standalone document, though many attorneys bundle POA drafting into a broader estate plan.
Step Four — Sign the Document Correctly
A power of attorney is only as valid as its execution. Signing requirements vary by state, but most require one or more of the following: the principal's signature, one or two witnesses who are not named as agents or beneficiaries, and notarization by a licensed notary public.
Skipping or rushing this step is where otherwise solid documents fall apart. Banks, healthcare providers, and courts are well within their rights to reject a POA that wasn't properly executed — and they do, regularly. Review your state's specific requirements before you sign anything, and make sure every required signature and seal is in place before you consider the document complete.
Step Five — Distribute and Store the Document
A power of attorney that no one can find when it's needed is functionally useless. Once the document is properly signed and notarized, make certified copies and distribute them to everyone who needs one — your agent, your successor agent, your financial institutions, your healthcare providers, and your attorney if you have one.
Store the original in a secure but accessible location. A fireproof home safe or a safety deposit box works well, provided your agent knows exactly where it is and how to access it. Some states also offer POA registry services where the document can be filed for an additional layer of protection.
What If the Person Can No Longer Grant a POA?
This is the question that comes up most often — and the answer is a difficult one. If someone has already lost mental capacity, they can no longer legally execute a power of attorney. At that point, the only recourse is pursuing legal guardianship or conservatorship through the court system, which is a longer, more expensive, and more emotionally taxing process.
This is exactly why estate planning professionals consistently say the same thing: the best time to establish power of attorney is before you need it.
A Final Word
Once your power of attorney is drafted, the final step is making it official. In California, that usually means signing in front of a notary so the document will be accepted by banks, financial institutions, and other third parties.
If you’re in the Los Angeles area and need a convenient, reliable notarization, Arts District Notary can meet you at home, work, or a nearby public location to help you get it done smoothly and correctly.
Take 5-minutes today to schedule your appointment!
This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed attorney in your state.
*Same-day service may be available during regular service hours, depending on agent availability.
Comments