Making a power of attorney: checklist

A plain checklist for making a power of attorney: planning it, choosing agents, signing it properly and what to do afterwards.

Updated 3 November 2026: First version: a checklist drawn from the wiki's own pages, for an editor to check. · 7 min read

Planning it

Start with your state. The state you live in sets the rules for making one: the form to use, who must witness it and whether a notary must sign. Choose it here and the wiki shows you that state’s rules. Each state’s requirements.
Make sure you can make one now. To make a power of attorney, you need to understand your own affairs and what signing it will do. Read about capacity.
Decide what you want your agent to do. It can cover a single task or many. Your agent can only do what the document allows. What an agent can do.
Decide if it should keep working if you lose capacity. A durable power of attorney keeps working if you can no longer manage your affairs. You may not want that for a one-off task. Durable or non-durable.
Decide when it starts. It can take effect as soon as you sign, or later, such as on a date or when something happens. Not every state allows the later kind. Options for when it starts.
Use a separate document for health care. Health care decisions can’t be handed over in an ordinary power of attorney. They need a power of attorney for health care. Health care.
Choose your agents with care. Think about who you trust, their age and whether they are likely to be around and available when needed. Choosing agents.
Name a back-up. A successor agent can step in if your first agent can’t or won’t act. Successor agents.

Writing it

Choose a government form or a custom-made document. California, Texas, New York and Illinois have a tick-box government form. A custom-made power of attorney gives you more options. Government forms and custom-made documents.
If you name more than one agent, say how they act. They might act together, separately, or a mix of both for different tasks. How many agents to appoint.
Say whether your agents are paid. If the document is silent, the rules on pay and expenses differ from state to state. Pay and expenses.
Build in safeguards. You can require your agents to keep records, report to someone, or have their work reviewed. Safeguards you can include.
Deal with any older powers of attorney. Signing a new one does not always cancel an earlier one. If you want the old one gone, say so. Revoking by making a new one.
Have a lawyer check it before you sign. A lawyer can make sure it does what you want, and can later give evidence about how you were when you signed. Why legal advice matters.

Signing it

Follow your state’s signing rules exactly. Each state has its own rules about notaries and witnesses. A document that misses them may not work. Witness and notary rules.
Include any notices and wording your state requires. Some states require set warning notices, and some require set words for a durable power of attorney. Required notices and required words.
Pick suitable witnesses. Use adults who are not your agents and who can’t benefit from the document, ideally people who will be easy to reach for years. Choosing witnesses.
Date it. Some states require a date, and agents’ certificates in other states refer to it. Signing and design rules by state.
If you can’t sign, check who can sign for you. Most of the six states let someone else sign for you, but the conditions differ. Signing by another person.

Afterwards

Make sure your agents accept properly. In some states agents accept by acting. In others they must sign. How agents accept.
Store it safely and tell the right people. Decide who holds the original and who should know it exists. Keep your witnesses’ contact details. Storage and access.
Mark or destroy unsigned drafts. An unsigned draft left lying around can cause arguments later about what you wanted. Risks of unsigned drafts.
Record it if it covers real estate. A power of attorney used for land deals may need to meet extra rules so it can be filed with the land records. Filing requirements.

In your state

California

Have it notarized or signed by two witnesses. Witnesses must be adults, and your attorney-in-fact (agent) can’t be one. California signing rules.
Use a notary if it covers real estate. A notary’s acknowledgment makes it easier to record for real property deals. Why a notary helps.
Date it. A California power of attorney must contain the date you sign it. California design rules.
Use the durable wording if you want it to survive incapacity. For example, “This power of attorney shall not be affected by subsequent incapacity of the principal.” Without it, a non-durable power of attorney ends if you lose capacity. Required words in California.
Check the warning notice on printed forms. A printed durable form sold for use without a lawyer must carry a set warning notice in 10-point bold type. The California notice.

Texas

Know that the state rules cover durable powers of attorney. Texas legislation only governs durable powers of attorney. For a non-durable one, talk to a lawyer. Texas rules.
Sign before a notary. A durable power of attorney must be acknowledged before an officer who can take acknowledgments and administer oaths. If you can’t sign, another adult can sign in your conscious presence at your direction. Texas signing rules.
Include the durable wording. For example, “This power of attorney is not affected by subsequent disability or incapacity of the principal.” Required words in Texas.
Decide how your agents accept. Texas agents can accept just by acting, unless the document says otherwise. You can require them to sign instead. Acceptance in Texas.
Record it for real estate deals. A durable power of attorney used for a recorded real property document must be recorded with the county clerk where the property is. Recording in Texas.

New York

Use at least 12-point type and the required notices. It must include the “Caution to the Principal” and “Important Information for the Agent”. New York notices and type size.
Sign and date it before a notary and two witnesses. Witnesses can’t be your agents or people named to receive gifts. The notary may be one of the two witnesses. New York signing rules.
Have each agent sign, with their signature notarized. It takes effect for each agent on the date their signature is acknowledged. When it takes effect.
Know it is durable unless it says otherwise. A New York power of attorney keeps working after incapacity unless it expressly says it ends then. Durability in New York.
Think about using the government form. In New York, only an agent under a government form can ask a court to make a third party deal with them. Government form in New York.
Consider naming a monitor. A monitor can ask the agent for their records of money in and out. Monitors.

Florida

Sign before two witnesses and a notary. If you are physically unable to sign, the notary may sign your name for you. Florida signing rules.
Include the durable wording. For example, “This durable power of attorney is not terminated by subsequent incapacity of the principal except as provided in chapter 709, Florida Statutes.” Required words in Florida.
Make it effective now, not later. Florida does not allow a power of attorney that takes effect at a future date or event. Florida rule.
Spell out the agent’s powers with a lawyer. Florida prohibits general powers of attorney. General authority.
Choose an eligible agent. The agent must be a person aged 18 or over, or a financial institution with trust powers and a place of business in Florida. Who can be an agent.

Illinois

Have it witnessed and notarized. You need at least one witness and a notary, and the notary can’t also be the witness. Illinois signing rules.
Check who can’t be your witness or notary. This rules out your doctor or mental health provider, your care facility’s owners or operators, close family of you or your agents, and any agent or successor agent. The Illinois list.
Know the limits of the government form. It can name only one agent (with successors), and its notice must be on a cover sheet in 14-point type. One agent and type size.
If you can’t sign, talk to a lawyer. Illinois law does not expressly let someone else sign for you. Signing by another person.

Pennsylvania

Date it and include the required notice. It must be dated and contain “Important Information for the Agent”. Pennsylvania design rules.
Sign before a notary and two adult witnesses. Your agent can’t be the notary or a witness. Nor can the notary, or anyone signing for you, be a witness. Pennsylvania signing rules.
Have your agent sign the acknowledgment. An agent has no authority until they sign an acknowledgment and attach it to the document. Agent’s acknowledgment.
Know it is presumed durable. It keeps working after incapacity unless it says otherwise. Durability in Pennsylvania.