The notary will want proof of your identity, such as a driver's license that bears your photo and signature. The notary public watches you sign the durable power of attorney and then signs it, too, and stamps it with an official seal. A durable power of attorney that isn't notarized may not be accepted by people with whom your agent tries to deal. But even where law doesn't require it, custom usually does. See "For California, Indiana, Michigan, or Washington Residents: Making the Choice," below.) In many states, law requires notarization to make the durable power of attorney valid. (In just a few states, you can choose to have your document witnessed or notarized. In almost all states, you must sign your durable power of attorney in the presence of a notary public. Signing and NotarizingĪ durable power of attorney is a serious document, and to make it effective you must observe certain formalities when you sign the document. If you don't want to change your durable power of attorney, find another bank that will accept the document as it is. You may have to go along if you want cooperation later. An institution may require that you include specific language in your durable power of attorney, authorizing the attorney-in-fact to do certain things on your behalf. Obtaining the Attorney‑in‑Fact's Signatureīefore you finalize your power of attorney, you may want to show it to the banks, brokers, insurers and other financial institutions you expect your attorney-in-fact to deal with on your behalf.ĭiscussing your plans with people at these institutions before it is final-and giving them a copy of the durable power of attorney, after you sign it, if you wish-can make your attorney-in-fact's job easier.After you've done the hard work of putting together a durable power of attorney, you must carry out some simple tasks to make sure the document is legally valid and will be accepted by the people with whom your attorney-in-fact may have to deal.
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