A notary public can notarize a power of attorney, but a notary cannot draft one, help you fill it in, or advise you on what to put in it. The notary’s role is narrow and procedural: verify who you are, watch you sign, and certify that the signing happened. Anything beyond that crosses into the practice of law.
What the Notary Actually Does at the Signing
A notary public is a state-commissioned officer whose core function is deterring fraud. When you bring a completed power of attorney to a notary, they run through a specific checklist. They confirm your identity using a government-issued photo ID such as a driver’s license or passport. If you don’t have acceptable ID, many states allow the notary to verify identity through a credible witness who personally knows you and can swear to your identity under oath. The notary then confirms that you are signing voluntarily and understand you are executing a power of attorney.
Once satisfied, the notary watches you sign, completes a notarial certificate (the formal language documenting what was verified), signs their own name, and applies their official stamp or seal. Not every state requires a physical seal; some accept a printed identification block beneath the notary’s signature. The notary also records the transaction in a notarial journal, creating an independent record of the event. This particular notarial act is called an acknowledgment, and it is the one you will almost always encounter with a power of attorney.
What a Notary Is Not Allowed to Do
A notary who is not also a licensed attorney cannot draft the power of attorney, help you complete the blanks, suggest who to name as your agent, recommend which powers to grant, or explain what the document means. Even answering a question as basic as “should I check the box for real estate powers?” is legal advice.
This limit surprises many people, particularly in communities where the term “notario público” refers to a highly trained legal professional in Latin American and European countries. A U.S. notary public holds no such authority. Several states have laws prohibiting notaries from advertising with the word “notario” and requiring non-attorney notaries who advertise in languages other than English to include a disclaimer stating they cannot give legal advice. Paying someone who markets themselves as a “notario” to prepare your POA is a well-known scam, and the documents produced this way are often useless or worse.
Because the notary cannot help you build the document, you need to arrive with it already complete. Only the signature lines should be blank when you sit down.
Is Notarization Even Required?
Under the Uniform Power of Attorney Act, which roughly 31 states and the District of Columbia have adopted in some form, notarization is not technically mandatory. The act says the principal’s signature “is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.”1eSign. Uniform Power of Attorney Act – Final Version 2006 Without that presumption, anyone who questions the document can force you to prove the signature is real, which is difficult if the principal is incapacitated or deceased by the time the POA is needed.
In practice, most states either require notarization outright or make it the only sensible choice. Some treat notarization as a hard requirement. California accepts either notarization or signing before two witnesses. A handful of states require both notarization and witnesses. Healthcare powers of attorney frequently carry their own witness rules, typically two disinterested witnesses who are not named as agents and are not the principal’s healthcare providers, on top of any notarization requirement.
Even where notarization is optional on paper, skipping it is almost always a mistake. Banks, title companies, government agencies, and healthcare facilities routinely refuse to honor a power of attorney that has not been notarized.
Who Needs to Be There
The principal, meaning the person granting authority, must appear before the notary and sign the document, or direct someone else to sign on their behalf if they are physically unable. This part is non-negotiable. The notary’s entire job is confirming the principal’s identity and willingness.
The agent named in the power of attorney usually does not need to be there. The POA grants authority to the agent, but the agent is not a party to the execution. Some states require the agent to sign an acceptance later, and that can generally happen separately.
If your state requires witnesses, they must attend the signing. Witnesses typically need to be disinterested: not named as agents, not related to the principal, and not standing to benefit from the POA. The notary generally cannot serve as one of the required witnesses, though a few states allow it.
One conflict rule matters here. A notary should not notarize a power of attorney that names them as the agent or from which they stand to benefit financially. Most states prohibit notarial acts on documents in which the notary has a direct or financial interest, and a notarization performed in violation of that rule is likely voidable.
How to Prepare for the Appointment
The process is straightforward once you have a completed document. Showing up unprepared is the most common reason notarizations get delayed or refused.
- Complete the document before you go. Only the signature lines should be blank. The notary cannot help you fill it in.
- Bring valid identification. The principal needs a current government-issued photo ID. Expired IDs are usually rejected, though some states accept IDs expired within the last three years. If you don’t have acceptable ID, check whether your state allows a credible identifying witness.
- Arrange for witnesses if your state or the type of POA requires them. They must attend with their own valid ID.
- Appear in person. The principal must physically appear before the notary and be prepared to confirm identity, understanding, and the absence of pressure.
- Do not sign in advance. The notary has to watch the actual signing. Pre-signed documents are one of the top reasons notarizations are refused.
- Be ready to pay the fee. Notary fees are set by state law and are usually modest, often between $2 and $15 per signature. Mobile notaries who travel to you may add a travel fee.
After you sign, the notary completes the certificate, applies the seal, signs, and records the act in the journal. You leave with a notarized power of attorney ready for use.
Notarizing a Power of Attorney Remotely
If travel to a notary’s office isn’t practical, remote online notarization (RON) may be an option. RON lets the principal appear before a notary through a live audio-video connection rather than in the same room. As of 2026, the vast majority of states have enacted laws authorizing some form of RON. The notary must be physically located in the commissioning state during the session, but the principal can be almost anywhere, including abroad.
RON sessions typically use identity verification technology such as knowledge-based authentication questions and credential analysis of the signer’s ID, and the session is recorded, producing a stronger audit trail than a traditional in-person notarization. Not every document is RON-eligible in every state, and some institutions are slower to accept remotely notarized documents. Before choosing RON for a power of attorney, confirm the bank, title company, or healthcare provider on the receiving end will accept it.
Who Should Draft the Document
Because the notary cannot prepare the POA, you need one already drafted when you show up. There are three realistic paths.
An estate planning or elder law attorney is the most reliable choice, especially for complex situations: business interests, blended families, real estate in multiple states, or a principal whose capacity might be challenged. An attorney tailors the document to your circumstances and ensures it satisfies your state’s execution requirements, including witness rules and any specific statutory language.
Many states publish statutory POA forms designed to be legally sufficient if completed correctly, and they are often free. The Uniform Power of Attorney Act includes a statutory form that adopting states may use as a template.1eSign. Uniform Power of Attorney Act – Final Version 2006 The risk of self-preparation is a small mistake that renders the document ineffective, such as omitting a required power or missing mandatory language. If you take this route, consider having an attorney review the completed form before your notary appointment.
Online legal document services sit in the middle, generating POA forms from your answers to a questionnaire. They can work for simple situations, but they are only as good as their templates and the accuracy of what you enter, and they are no substitute for an attorney when the stakes are high.