State |
Statute Cite |
Document Execution Requirements
|
Alabama |
Section 26-1-2 |
no witness / no notary |
Alaska |
13.26.332 |
no witness / must be notarized |
Arizona |
Section 14-5501 |
1 witness / notarized to be durable |
Arkansas |
28-68-402 / 401 |
no witness/notarized to be durable; The original power of attorney shall be filed in the office of the clerk of the probate court of the county of the domicile of the principal
|
California |
Probate Code § 4120 |
notary or 2 witnesses |
Colorado |
15-1-1302
|
no witness /
notarized to be durable
|
| Connecticut |
Title 45a Ch. 802e §45a-562; Title 1 Ch. 7 §1-42 |
duly acknowledged by the principal in the manner prescribed for the acknowledgment of a conveyance of real property: i.e., 2
witnesses and notary |
Delaware |
Title 12, Ch. 49 §4901 |
no witness / no notary |
| District of Columbia |
§21-2102 §21-2081 |
no witness / notarized to be durable |
Florida |
Title XL §709.08 |
2 witnesses and a notary; §709.08 states that durable power of attorney must be executed with the same formality as the conveyance of real property; §689.01 requires 2 witnesses for the conveyance of real property; §695.01 requires all conveyances of real property to be recorded to be effective; §695.03 requires all documents concerning real property to be acknowledged before a notary |
Georgia |
§10-6-141 / §31-36-1 |
must have 2 witnesses / instructions to authorized form state that must be notarized for real property transactions |
Hawaii |
§551D-1 |
no witness / no notary |
Idaho |
Title 15 §5-5-501 |
no witness / no notary |
Illinois |
755 ILCS §45/2-1 & 3-3 |
1 witness and notarized to be durable |
Indiana |
IC 30-5-4-1 |
no witness / notarized to be durable |
Iowa |
633-705 |
2 witnesses or notary |
| Kansas |
§58-610 |
2 witnesses or notary |
| Kentucky |
§386.093 |
only writingrequired |
Louisiana |
see RS §9:2260.10; Civil Code, Art. 2989 – 2998 |
no particular form required except, when involving real property, must be notarized |
Maine |
Title 18A §5-501 and 508 |
notary required; special language required |
| Maryland |
Estates and Trusts § 13-601 |
only writing required |
Massachusetts |
Chapter 201B: Section 1. |
only writing required |
| Michigan |
MCL §700.5501 |
only writing required |
| Minnesota |
§523.01 |
only writing required |
| Mississippi |
§ 87-3-105 |
only writing required |
Missouri |
§404.705 and §442.150 |
notary required |
Montana |
§72-31-222 & §72-31-201 |
notary required |
| Nebraska |
Neb. Stat. §49-1522 (statutory form) / §30-2664 Uniform DPOA |
State has both Uniform DPOA act and a statutory form for a DPOA that requires a notary but no witnesses. Uniform Act does not require a notary; however, the statutory form can cause confusion here. |
Nevada |
§240.1667 |
State Bar pamphlet states that POA has to be notarized to be effective |
| New Hampshire |
§506:6 / 477:9 |
Writing required (no witnesses required); must be notarized to convey real property |
New Jersey |
§46:2B-8.1 & 9 |
must be notarized (no witnesses required) |
New Mexico |
§45-5-501 / 5-601 |
must be notarized (no witnesses required); if real property affected, must record in country where real property located |
New York |
Art. 5, Title 15 §5-1503 |
notary required |
North Carolina |
§32A-1, 8 and 9 |
notary required; POA must be registered with the country recorder of deeds once principal becomes incapacitated |
North Dakota |
§30.1-30 |
only writing required; UDPOA act |
Ohio |
§ 1337.01 & 04 |
must be notarized; A power of attorney for the conveyance, mortgage, or lease of an interest in real property must be recorded in the office of the county recorder of the county in which such property is situated |
Oklahoma |
§58-1072.2 |
Unform DPOA act; 2 witnesses and notarized |
Oregon |
§127.005 |
writing only |
Pennsylvania |
Title 20 Ch. 56. Section §5601 through 5608 |
special introductory notice required and principal must sign plus date the notice; special acknowledgment for agent to sign; must be notarized for real estate transactions |
Rhode Island |
§34-22-6; 18-16-1 |
notary required; special acknowledgment; must record POA for real estate transactions |
South Carolina |
§62-5-501 |
Must be executed and attested with the same requirements as to witnesses as a will; must be recorded in the same manner as a deed in the county where the principal resides at the time the instrument is recorded. |
| South Dakota |
§59-7-2.1 |
only writing required |
| Tennessee |
§34-6-101 |
only writing required |
Texas |
Ch. XII §482 |
no witness necessary; must be notarized to be durable |
| Utah |
§75-5-501 |
only writing required |
Vermont |
Title 14 §§3051, 3052; Title 27 §305 |
witnessed and notarized for real estate transactions only; also must be recorded in office of country recorder of deeds for county in which real estate is located |
| Virginia |
§11-9.1 |
only writing required |
| Washington |
RCW § 11.94.010 / §65.12.410 |
only writing required / power of attorney used for real estate conveyances must be notarized (no witnesses required) |
| West Virginia |
§ 39-4-1 |
writing only |
Wisconsin |
§243.07 / §243.10(2) |
notary and two witnesses required; signature of attorney in fact required |
Wyoming |
§ 3-5-101 |
writing only |
