What are the state laws for Powers of Attorney?
Each state has rules for who can create a Power of Attorney, if it needs to be filed with a court or government office, and signing requirements. You can find your state's legislation below:
LawDepot’s template also includes the ability to make a POA for Guam, Puerto Rico, and U.S. Virgin Islands.
Who can override a Power of Attorney?
The only people who can override your POA are you, the courts, or a guardian named by the courts. Your family cannot override your decisions if you’re competent when creating your Power of Attorney. However, there are some circumstances where your family can petition the court to terminate your POA.
For example, say they believe your attorney-in-fact is abusing their position and not working in your best interest. Your loved ones can petition the court to remove their authority and appoint a guardian.
Do I need to notarize my Power of Attorney?
You may need to notarize your Power of Attorney. Requirements for notarization vary by state. Some states require only two witnesses or a notary, while others require both.
When you create your POA with LawDepot, your document will include a section at the end determining witness and notary requirements for your state.
LawDepot offers Online Notary services to complete your notarization from home. Our services are available for POAs in all states except New Hampshire, New York, or POAs granting banking and investment powers in Florida.
Can I revoke a Power of Attorney?
Yes, you can revoke your Power of Attorney while you still have the capacity to do so. If you wish to update your document, you can create a new POA that states you revoke any previous ones. Alternatively, you can use a Revocation of Power of Attorney to void your current POA.
When you change or revoke a POA, you should inform any institutions that have the original on file and your attorneys. Then, make sure they have a copy of your new POA when applicable.
LawDepot’s Power of Attorney automatically includes a statement to revoke any previous versions of your document.