This table summarises execution and design requirements in respect of Powers of Attorney that are a government form or custom made.
| EXECUTION REQUIREMENTS | DESIGN REQUIREMENTS | EXECUTION REQUIREMENTS | DESIGN REQUIREMENTS | |
| State | CUSTOM MADE Power of Attorney | CUSTOM MADE Power of Attorney | GOVERNMENT FORM | GOVERNMENT FORM |
| California | Power of attorney is signed either (1) by the principal or (2) in the principal’s name by another adult in the principal’s presence and at the principal’s direction: §4121 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: §4121 §4122 provides: If the power of attorney is signed by witnesses, as provided in §4121, the following requirements shall be satisfied: (a) The witnesses shall be adults. (b) The attorney-in-fact may not act as a witness. (c) Each witness signing the power of attorney shall witness either the signing of the instrument by the principal or the principal’s acknowledgment of the signature or the power of attorney. §4150 provides for amending instruments being executed in the same manner as a Power of Attorney. |
Durable & Non-Durable A Power of Attorney is legally sufficient if (in addition to all other requirements) it “..contains the date of its execution”: §4121 (i.e. date of its execution by the principal) Durable Only (i) 4128 Notice: A printed form of a durable power of attorney that is sold or otherwise distributed in .. [California].. for use by a person who does not have the advice of legal counsel shall contain, in not less than 10-point boldface type or a reasonable equivalent thereof, a certain warning (set out in §4128) (ii) Date: The warning set out in §4128 includes the words “This durable power of attorney must be dated..” (ii) Amendment: §4128 includes the words “You can amend or change this durable power of attorney .. by executing an amendment through the same formalities as an original..” (ii) Certain Words: A durable power of attorney is a power of attorney by which a principal designates another person as attorney-in-fact in writing and the power of attorney contains any of the following statements: (a) “This power of attorney shall not be affected by subsequent incapacity of the principal.” (b) “This power of attorney shall become effective upon the incapacity of the principal.” (c) Similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent incapacity: §4124 |
The power of attorney is signed either (1) by the principal or (2) in the principal’s name by another adult in the principal’s presence and at the principal’s direction: §4121 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: §4121 §4122 provides: "If the power of attorney is signed by witnesses, as provided in §4121, the following requirements shall be satisfied: (a) The witnesses shall be adults. (b) The attorney-in-fact may not act as a witness. (c) Each witness signing the power of attorney shall witness either the signing of the instrument by the principal or the principal’s acknowledgment of the signature or the power of attorney. §4150 provides for amending instruments being executed in the same manner as a Power of Attorney. |
Durable & Non-Durable A Power of Attorney is legally sufficient if (in addition to all other requirements) it “..contains the date of its execution”: §4121 (i.e. date of its execution by the principal) Durable Only (i) 4128 Notice: A printed form of a durable power of attorney that is sold or otherwise distributed in .. [California].. for use by a person who does not have the advice of legal counsel shall contain, in not less than 10-point boldface type or a reasonable equivalent thereof, a certain warning (set out in §4128) (ii) Date: The warning set out in §4128 includes the words “This durable power of attorney must be dated..” (ii) Amendment: §4128 includes the words “You can amend or change this durable power of attorney .. by executing an amendment through the same formalities as an original..” (ii) Certain Words: A durable power of attorney is a power of attorney by which a principal designates another person as attorney-in-fact in writing and the power of attorney contains any of the following statements: (a) “This power of attorney shall not be affected by subsequent incapacity of the principal.” (b) “This power of attorney shall become effective upon the incapacity of the principal.” (c) Similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent incapacity: §4124 |
| EXECUTION REQUIREMENTS | DESIGN REQUIREMENTS | EXECUTION REQUIREMENTS | DESIGN REQUIREMENTS | |
| CUSTOM MADE Power of Attorney | CUSTOM MADE Power of Attorney | GOVERNMENT FORM | GOVERNMENT FORM | |
| Texas (Durable Power of Attorney only) | An instrument is a durable power of attorney for purposes of this subtitle if the instrument.. 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: §751.0021 §751.0021 informs as to whom may record an acknowledgement: "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." |
Durable Only Although there is no specific obligation imposed upon a principal to date a durable Power of Attorney, §751.203 requires an agent to issue a certificate including the following words which assume the Power of Attorney is dated: “I am the agent named in the power of attorney validly executed by ___________ (principal) (“principal”) on ____________ (date), and the power of attorney is now in full force and effect”. Also for example, §751.0021 assumes dating of a Power of Attorney where it states “if a physician certifies in writing at a date later than the date the durable power of attorney is executed that..” §751.0021 states:- "An instrument is a durable power of attorney if.. it contains: (A) the words: (i) “This power of attorney is not affected by subsequent disability or incapacity of the principal”; or (ii) “This power of attorney becomes effective on the disability or incapacity of the principal”; 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" |
An instrument is a durable power of attorney for purposes of this subtitle if the instrument.. 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: §751.0021 §751.0021 informs as to whom may record an acknowledgement: "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." |
The government form in §752.051 includes the need to insert a date of execution by the principal. §751.0021 states:- "An instrument is a durable power of attorney if.. it contains: (A) the words: (i) “This power of attorney is not affected by subsequent disability or incapacity of the principal”; or (ii) “This power of attorney becomes effective on the disability or incapacity of the principal”; 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" |
| EXECUTION REQUIREMENTS | DESIGN REQUIREMENTS | EXECUTION REQUIREMENTS | DESIGN REQUIREMENTS | |
| CUSTOM MADE Power of Attorney | CUSTOM MADE Power of Attorney | GOVERNMENT FORM | GOVERNMENT FORM | |
| New York | §5-1501B must: … (b) Be signed, initialed … by a principal with capacity, or in the name of such principal by another person, other than a person designated as the principal's agent or successor agent, in the principal's presence and at the principal's direction, in either case with the signature of the person signing duly acknowledged in the manner prescribed for the acknowledgment of a conveyance of real property and witnessed by two persons who are not named in the instrument as agents or as permissible recipients of gifts, in the manner described in subparagraph two of paragraph (a) of section 3-2.1 of the estate, powers and trusts law in the presence of the principal. The person who takes the acknowledgement under this paragraph may also serve as one of the witnesses. When a person signs at the direction of a principal he or she shall sign by writing or printing the principal's name, and printing and signing his or her own name:§5-1501B. |
Must: (a) .. be typed or printed using letters which are legible or of clear type no less than twelve point in size, or, if in writing, a reasonable equivalent thereof: §5-1501B. (b) Be .. dated by a principal ..: §5-1501B … (d) Substantially conform to the wording of the: (1) "Caution to the Principal" in paragraph (a) of subdivision one of §5-1501B of this title; and (2) "Important Information for the Agent" in paragraph (n) of subdivision one of §5-1501B of this title. |
§5-1501B must: … (b) Be signed, initialed … by a principal with capacity, or in the name of such principal by another person, other than a person designated as the principal's agent or successor agent, in the principal's presence and at the principal's direction, in either case with the signature of the person signing duly acknowledged in the manner prescribed for the acknowledgment of a conveyance of real property and witnessed by two persons who are not named in the instrument as agents or as permissible recipients of gifts, in the manner described in subparagraph two of paragraph (a) of section 3-2.1 of the estate, powers and trusts law in the presence of the principal. The person who takes the acknowledgement under this paragraph may also serve as one of the witnesses. When a person signs at the direction of a principal he or she shall sign by writing or printing the principal's name, and printing and signing his or her own name:§5-1501B. |
Must: (a) .. be typed or printed using letters which are legible or of clear type no less than twelve point in size, or, if in writing, a reasonable equivalent thereof: §5-1501B. (b) Be .. dated by a principal ..: §5-1501B … (d) Substantially conform to the wording of the: (1) "Caution to the Principal" in paragraph (a) of subdivision one of §5-1501B of this title; and (2) "Important Information for the Agent" in paragraph (n) of subdivision one of §5-1501B of this title. |
| EXECUTION REQUIREMENTS | DESIGN REQUIREMENTS | EXECUTION REQUIREMENTS | DESIGN REQUIREMENTS | |
| CUSTOM MADE Power of Attorney | CUSTOM MADE Power of Attorney | GOVERNMENT FORM | GOVERNMENT FORM | |
| Florida | 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 §695.03 If the principal is physically unable to sign the power of attorney, the notary public before whom the principal’s oath or acknowledgment is made may sign the principal’s name on the power of attorney pursuant to §117.05(14): §709.2105 |
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 §695.03 If the principal is physically unable to sign the power of attorney, the notary public before whom the principal’s oath or acknowledgment is made may sign the principal’s name on the power of attorney pursuant to §117.05(14): §709.2105 There is no legislative requirement to date a Power of Attorney. Durable Only Except as otherwise provided under Chapter 709, Part II, a power of attorney is durable if it contains the words: “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes,” or similar words that show the principal's intent that the authority conferred is exercisable notwithstanding the principal's subsequent incapacity. |
Not Applicable (No Government Form) | Not Applicable (No Government Form) |
| EXECUTION REQUIREMENTS | DESIGN REQUIREMENTS | EXECUTION REQUIREMENTS | DESIGN REQUIREMENTS | |
| CUSTOM MADE Power of Attorney | CUSTOM MADE Power of Attorney | GOVERNMENT FORM | GOVERNMENT FORM | |
| Illinois | non-statutory property powers (i) must be executed by the principal, (ii) must designate the agent and the agent's powers, (iii) must be signed by at least one witness to the principal's signature, and (iv) must indicate that the principal has acknowledged his or her signature before a notary public. However, non-statutory property powers need not conform in any other respect to the statutory property power: §3-3 | Beyond the execution and witnessing requirements in §3-3 there are no legislative impositions upon the terms of a Power of Attorney. Moreover, consistent with this absence of limitation, Illinois is the only one of the Six (6) Greater States to expressly promote in legislation the freedom of an individual to structure their affairs however they see fit (see §2-1). |
§3-3 (reads to say).. [statutory] property powers (i) must be executed by the principal, (ii) must designate the agent and the agent's powers, (iii) must be signed by at least one witness to the principal's signature, and (iv) must indicate that the principal has acknowledged his or her signature before a notary public.. [to conform with the requirements applicable to a].. statutory property power The government form in §3-3 includes: “This power of attorney will not be effective unless it is signed by at least one witness and your signature is notarized, using the form below. The notary may not also sign as a witness.” The government form in §3-3 also includes space for the optional recording of a second witness and includes space for specimen signatures. |
The “statutory property power” consists of the following: (1) Notice to the Individual Signing the Illinois Statutory Short Form Power of Attorney for Property.. When a power of attorney in substantially the form prescribed in this Section is used.. with item (1), the Notice to Individual Signing the Illinois Statutory Short Form Power of Attorney for Property, on a separate sheet (coversheet) in 14-point type and the notarized form of acknowledgment at the end: §3-3 |
| EXECUTION REQUIREMENTS | DESIGN REQUIREMENTS | EXECUTION REQUIREMENTS | DESIGN REQUIREMENTS | |
| CUSTOM MADE Power of Attorney | CUSTOM MADE Power of Attorney | GOVERNMENT FORM | GOVERNMENT FORM | |
| Pennsylvania | 1) A power of attorney .. shall be signed by the principal by signature or mark, or by another individual on behalf of and at the direction of the principal if the principal is unable to sign but specifically directs another individual to sign the power of attorney. (2) If the power of attorney is executed by mark or by another individual, then it shall be witnessed by two individuals, each of whom is 18 years of age or older. A witness shall not be the individual who signed the power of attorney on behalf of and at the direction of the principal. (3) For a power of attorney executed on or after the effective date of this paragraph, 1 the signature or mark of the principal, or the signature of another individual signing a power of attorney on behalf of and at the direction of the principal, shall be: (i) Acknowledged before a notary public or other individual authorized by law to take acknowledgments. The notary public or other individual authorized by law to take acknowledgments shall not be the agent designated in the power of attorney. (ii) Witnessed by two individuals, each of whom is 18 years of age or older. A witness shall not be the individual who signed the power of attorney on behalf of and at the direction of the principal, the agent designated in the power of attorney or the notary public or other person authorized by law to take acknowledgments before whom the power of attorney is acknowledged. Nothing in this section shall prohibit an acknowledgment of a power of attorney before a member of the bar of the Pennsylvania Supreme Court in the manner authorized by 42 Pa.C.S. § 327(a) (relating to oaths and acknowledgments) certified in the manner provided by 57 Pa.C.S. § 316(2.1) (relating to short form certificates) provided the attorney taking the acknowledgment does not act as one of the two witnesses required by this paragraph: §5601 |
A power of attorney shall be dated: 5601(b) A Power of Attorney must contain a certain notice (§5601(c)). |
Not Applicable (No Government Form) | Not Applicable (No Government Form) |