{
  "name": "Financial power of attorney execution requirements by US state \u2014 notary, witnesses, or both, quoted from the state's own statute",
  "description": "A power of attorney signed without the formalities its own state requires has no legal effect \u2014 and those formalities are not uniform: some states accept a notary acknowledgment on its own, some accept either a notary or a set number of witnesses, and some require both. A widely used free guide (last10legal.com's 'Power of Attorney Requirements by State') covers all 50 states in one table, but the page cites zero statute sections anywhere on it \u2014 fetched and counted directly on 2026-09-02, the section symbol appears nowhere on the page \u2014 so no row on it can be checked against the law it states. Two of the five states here show why that matters: the guide's narrative says Florida requires 'only a notary acknowledgment' while its own table two screens below says '2 witnesses + notary' (the table is the one that matches Fla. Stat. \u00a7 709.2105(2)), and it lists Ohio as 'Notary', though Ohio Rev. Code \u00a7 1337.25 requires nothing but the principal's signature and makes notarisation the way to earn a presumption that the signature is genuine. This asset states each state's execution requirement against the actual statute, quoted verbatim, so every row can be checked. Every record here is the FINANCIAL (general/durable) power of attorney, not a healthcare power of attorney or advance directive, which most states govern under a different statute with different and usually stricter formalities: Ohio, for example, requires nothing but the principal's signature for a financial POA under Ohio Rev. Code \u00a7 1337.25, while \u00a7 1337.12 requires a healthcare POA to be either witnessed by two qualifying individuals or notarised. Answers 'do I need a notary for a power of attorney in my state', 'how many witnesses does a power of attorney need', 'is a power of attorney valid without witnesses'.",
  "url": "https://referencesource.org/power-of-attorney-execution-requirements-by-state/",
  "licence": "unknown",
  "last_verified": "2026-09-02",
  "stale_after": "2028-09-01",
  "sources": [
    "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4121.&lawCode=PROB",
    "https://www.flsenate.gov/Laws/Statutes/2025/709.2105",
    "https://codes.ohio.gov/ohio-revised-code/section-1337.25",
    "https://www.scstatehouse.gov/code/t62c008.php",
    "https://codes.findlaw.com/tx/estates-code/est-sect-751-0021/"
  ],
  "records": [
    {
      "jurisdiction": "California",
      "execution_requirement": "The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122",
      "statute_citation": "Cal. Prob. Code \u00a7 4121",
      "id": "california",
      "url": "https://referencesource.org/power-of-attorney-execution-requirements-by-state/california/",
      "source": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=4121.&lawCode=PROB",
      "source_quote": "A power of attorney is legally sufficient if all of the following requirements are satisfied: (a) The power of attorney contains the date of its execution. (b) The power of attorney is signed either (1) by the principal or (2) in the principal\u2019s name by another adult in the principal\u2019s presence and at the principal\u2019s direction. (c) The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122.",
      "verified_fields": [
        "execution_requirement"
      ],
      "derived_fields": [
        "jurisdiction",
        "statute_citation"
      ]
    },
    {
      "jurisdiction": "Florida",
      "execution_requirement": "signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public",
      "statute_citation": "Fla. Stat. \u00a7 709.2105",
      "id": "florida",
      "url": "https://referencesource.org/power-of-attorney-execution-requirements-by-state/florida/",
      "source": "https://www.flsenate.gov/Laws/Statutes/2025/709.2105",
      "source_quote": "(2) A power of attorney must be signed by the principal and by two subscribing witnesses and be acknowledged by the principal before a notary public or as otherwise provided in s. 695.03 .",
      "verified_fields": [
        "execution_requirement"
      ],
      "derived_fields": [
        "jurisdiction",
        "statute_citation"
      ]
    },
    {
      "jurisdiction": "Ohio",
      "execution_requirement": "A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public",
      "statute_citation": "Ohio Rev. Code \u00a7 1337.25",
      "id": "ohio",
      "url": "https://referencesource.org/power-of-attorney-execution-requirements-by-state/ohio/",
      "source": "https://codes.ohio.gov/ohio-revised-code/section-1337.25",
      "source_quote": "A power of attorney must be signed by the principal or in the principal's conscious presence by another individual directed by the principal to sign the principal's name on the power of attorney. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.",
      "verified_fields": [
        "execution_requirement"
      ],
      "derived_fields": [
        "jurisdiction",
        "statute_citation"
      ]
    },
    {
      "jurisdiction": "South Carolina",
      "execution_requirement": "(2) attested with the same formality and with the same requirements as to witnesses as a will in South Carolina; and (3) acknowledged or proved pursuant to Section 30-5-30",
      "statute_citation": "S.C. Code \u00a7 62-8-105",
      "id": "south-carolina",
      "url": "https://referencesource.org/power-of-attorney-execution-requirements-by-state/south-carolina/",
      "source": "https://www.scstatehouse.gov/code/t62c008.php",
      "source_quote": "SECTION 62-8-105. Execution of power of attorney. A power of attorney must be: (1) signed by the principal or in the principal's presence by another individual directed by the principal to sign the principal's name on the power of attorney; (2) attested with the same formality and with the same requirements as to witnesses as a will in South Carolina; and (3) acknowledged or proved pursuant to Section 30-5-30.",
      "verified_fields": [
        "execution_requirement"
      ],
      "derived_fields": [
        "jurisdiction",
        "statute_citation"
      ]
    },
    {
      "jurisdiction": "Texas",
      "execution_requirement": "(4) is acknowledged by the principal or another adult directed by the principal as authorized by Subdivision (2) before an officer authorized under the laws of this state or another state to: (A) take acknowledgments to deeds of conveyance; and (B) administer oaths",
      "statute_citation": "Tex. Est. Code \u00a7 751.0021",
      "id": "texas",
      "url": "https://referencesource.org/power-of-attorney-execution-requirements-by-state/texas/",
      "source": "https://codes.findlaw.com/tx/estates-code/est-sect-751-0021/",
      "source_quote": "An instrument is a durable power of attorney for purposes of this subtitle if the instrument: (1) is a writing or other record that designates another person as agent and grants authority to that agent to act in the place of the principal, regardless of whether the term \u201cpower of attorney\u201d is used; (2) is signed by an adult principal or in the adult principal's conscious presence by another adult directed by the principal to sign the principal's name on the instrument; (3) contains: (A) the words: (i) \u201cThis power of attorney is not affected by subsequent disability or incapacity of the principal\u201d; or (ii) \u201cThis power of attorney becomes effective on the disability or incapacity of the principal\u201d; or (B) words similar to those of Paragraph (A) that clearly indicate that the authority conferred on the agent shall be exercised notwithstanding the principal's subsequent disability or incapacity; and (4) is acknowledged by the principal or another adult directed by the principal as authorized by Subdivision (2) before an officer authorized under the laws of this state or another state to: (A) take acknowledgments to deeds of conveyance; and (B) administer oaths.",
      "verified_fields": [
        "execution_requirement"
      ],
      "derived_fields": [
        "jurisdiction",
        "statute_citation"
      ]
    }
  ]
}