Any commissioned notary public can notarize a power of attorney. So can judges and clerks of court, certain military legal officers, and U.S. consular officers at embassies and consulates abroad. Most states require the signature to be notarized before banks, hospitals, and government agencies will honor the document, so picking the right official and getting the signing done correctly is what makes the paperwork actually work when your agent needs to use it.
Officials With Authority to Notarize
A Commissioned Notary Public
A notary public holds a commission from the state authorizing them to verify identities, witness signatures, and administer oaths. When you sign in front of one, they confirm you are who you claim to be, observe that you’re signing voluntarily, and apply their official seal. That seal is what banks and other institutions rely on when they decide whether to accept the document.
Judges and Court Clerks
Judges and clerks of the court can witness signatures and administer oaths as part of their official duties, and the court seal carries the same legal weight as a notary stamp for this purpose. They typically perform notarial acts in connection with judicial proceedings or administrative filings rather than walk-in requests, so they’re less convenient than a standard notary but equally valid.
Military Legal Officers
Federal law gives certain military personnel full notary authority for service members, their dependents, and civilians working with the armed forces. Judge advocates, civilian legal assistance attorneys, adjutants, and designated paralegals at military legal assistance offices can all notarize a power of attorney regardless of where the service member is stationed.1Office of the Law Revision Counsel. 10 USC 1044a – Authority to Act as Notary This matters for deployed personnel who need to authorize a spouse or family member to handle finances back home.
U.S. Consular Officers Abroad
If you’re a U.S. citizen outside the country, every American consular officer is authorized to perform notarial acts within the limits of their consulate.2Office of the Law Revision Counsel. 22 USC 4215 – Notarial Acts, Oaths, Affirmations, Affidavits, and Depositions You’ll need an in-person appointment at the embassy or consulate, and you should not sign the document beforehand. The fee is $50 per consular seal, payable the day of your appointment.3Travel.State.Gov. Notarial and Authentication Services at U.S. Embassies and Consulates Remote or virtual consular notarization is not available.
Who Cannot Notarize It
The person you’re naming as your agent cannot notarize the same document. The notary’s job is impartial verification, and letting the person who gains authority also certify the signature destroys that safeguard. This restriction is absolute, and ignoring it will almost certainly void the document.
Most states also prohibit close family members from performing the notarization if they have a financial or beneficial interest in the arrangement. Even a legitimately commissioned notary who happens to be your spouse, child, or parent can create a presumption of bias that invites a legal challenge. Beneficial interest extends beyond direct payment. If the notary is named anywhere in the transaction as a beneficiary, trustee, or grantee, they have a conflict.
Violating these rules can result in the power of attorney being thrown out, and the notary may face revocation of their commission, civil fines, or in cases of deliberate fraud, criminal charges. The practical rule is simple: choose a notary with no connection to you, your agent, or the financial arrangements described in the document.
Where to Find a Notary
Banks and Credit Unions
Retail banks and credit unions usually staff multiple employees who hold notary commissions. Most offer free notarization for account holders and charge a small fee for non-customers. If you already have an account, this is often the fastest and cheapest option. Call ahead to confirm a commissioned employee is on duty, since not every branch has one available every day.
Shipping and Retail Stores
The UPS Store, FedEx Office, and similar shipping centers frequently have a notary on staff during regular business hours and charge a set fee per signature. They’re widespread and don’t require an existing customer relationship, but availability depends on whether the commissioned employee is working that day.
Government Offices and Public Libraries
County clerk offices and registrar of deeds offices maintain staff authorized to notarize documents. Public libraries in some areas offer notary services as a community resource, though appointments are often required.
Mobile Notaries
When the person signing is hospitalized, homebound, or in a long-term care facility, a mobile notary will travel to them. This is often the only realistic option when the principal’s health is declining and the document is urgently needed. Expect to pay roughly $50 to $100 for a standard home visit and $150 to $300 for hospital or hospice visits, where scheduling is more complex and the notary may need to work around medical staff.
Remote Online Notarization
Remote online notarization lets you execute a power of attorney through a live video call with a commissioned notary. You upload the document to a secure platform, complete identity verification that typically involves knowledge-based questions and a photo of your government-issued ID, then join a video call where you sign electronically while the notary watches. The notary applies a digital seal, producing a tamper-evident PDF, and the platform keeps a recorded video of the session as part of an audit trail.
As of early 2025, 47 states and the District of Columbia have laws authorizing remote electronic notarization.4National Association of Secretaries of State (NASS). Remote Electronic Notarization The remaining states are in various stages of legislation, with some allowing it only under limited conditions. Even among states that permit it, a few impose additional requirements for estate planning documents, so confirm that your state allows remote notarization specifically for a power of attorney before relying on it.
What to Bring and What the Notary Will Check
Bring a valid, government-issued photo ID. A state driver’s license, U.S. passport, or military ID card all work. The notary will compare your appearance and signature against the ID, so make sure it’s current and the photo is recognizable.
Bring the power of attorney fully completed but unsigned. Signing before you arrive is one of the most common mistakes and usually means printing a fresh copy and starting over. The notary has to watch you sign; witnessing the act is the whole point of their role.
The notary will also evaluate whether you understand what you’re signing and are acting freely. If they suspect coercion or doubt your mental capacity, they’re obligated to refuse. A good notary takes this seriously because it protects you from exploitation. They’ll also check for blank spaces in the document, since unfilled fields create an opening for someone to add terms you never agreed to after the seal is applied. Once satisfied, the notary witnesses your signature, records the act in their official journal, and applies the stamp.
Whether Notarization Alone Is Enough
Notarization doesn’t always complete the signing. A handful of states require one or two witnesses to sign the power of attorney in addition to the notary seal. Other states give you a choice: notarization or witnesses. A few require both. The number of witnesses, who qualifies, and whether the notary can also serve as a witness depend on your state’s law.
Where witnesses are required, one rule is consistent: the person you’re naming as your agent cannot act as a witness. Many states also disqualify the agent’s spouse, close relatives of the principal, and anyone who stands to benefit financially from the document. Witnesses generally must be adults who can observe the signing and later confirm it happened voluntarily. If your state requires witnesses and you skip the step, the document can be treated as invalid even though a notary sealed it, so check your state’s power of attorney statute before the appointment, not after.
What Notarization Costs
Most states cap what a notary can charge per signature. Those caps range from about $2 to $25, with $5 to $10 being typical for a standard acknowledgment. About ten states set no cap, leaving notaries to set their own rates. Banks often waive the fee entirely for account holders.
Mobile notaries charge more because you’re paying for travel time and scheduling flexibility on top of the notarial act. A routine home visit runs $50 to $100, and hospital or hospice visits can reach $150 to $300. At a U.S. embassy or consulate abroad, the fee is $50 per consular seal.3Travel.State.Gov. Notarial and Authentication Services at U.S. Embassies and Consulates Remote online notarization platforms typically charge $25 to $50 per session, which usually covers the notarial fee, identity verification, and a tamper-evident digital copy of the completed document.