A commissioned notary public is the person who can notarize a power of attorney in most situations, but they aren’t the only option: judges and court clerks, military legal officers, and U.S. consular officers abroad all have the same authority under the right circumstances. Who you choose matters less than making sure they are legally qualified and have no stake in the document, because a notarization performed by the wrong person can void the whole thing.
Officials With Authority to Notarize
Notary Public
A notary public commissioned by a state government is the official nearly everyone uses. Notaries apply for a commission, pass an exam in many states, and post a surety bond. On the day of the signing they verify your identity, confirm you appear willing and aware, and apply an official seal or stamp. You can find them at banks, shipping stores, law offices, and through mobile and online services.
Judges and Court Clerks
Judges, court clerks, and deputy clerks of state and federal courts generally have authority to perform notarial acts. Most of their notarial work involves court filings, but they can notarize private documents like a power of attorney. It isn’t a common choice for a routine signing, but the authority is there if you are already in a courthouse for other reasons or cannot locate a notary.
Military Legal Officers
Active-duty service members and their families can use military legal officers. Judge advocates and other uniformed personnel designated by military regulations perform the same notarial acts as a civilian notary, and their work is recognized across all U.S. jurisdictions without a separate state commission.1Office of the Law Revision Counsel. 10 USC 1044a – Authority to Act as Notary That matters most for service members stationed overseas or far from civilian notaries.
U.S. Consular Officers Abroad
If you’re outside the United States, every U.S. consul, vice consul, and consular agent can notarize a power of attorney at a consulate or embassy. Federal law gives these officers the same notarial authority as a domestic notary, and documents they certify under their hand and official seal carry the same legal weight as if notarized within the United States.2Office of the Law Revision Counsel. 22 USC 4221 – Depositions and Notarial Acts; Perjury At posts without a consular officer, the Secretary of State may authorize other U.S. government employees to perform notarial acts.3eCFR. 22 CFR Part 92 – Introduction
Who Cannot Notarize Your Power of Attorney
Anyone Named in the Document
A notary cannot notarize a power of attorney in which they are named as the agent, a successor agent, or a beneficiary. Notarization is meant to be neutral verification by a disinterested third party, and someone who stands to gain under the document cannot provide that. A power of attorney notarized by a disqualified individual can be challenged and potentially voided.
Family Members, in Many States
Rules on notarizing for relatives are less uniform than people assume. A handful of states flatly prohibit notaries from notarizing for spouses, parents, children, or siblings. A few extend the ban to in-laws and domestic partners. Most states do not specifically prohibit it, as long as the notary has no financial interest in the transaction. Even where it’s technically allowed, using a relative invites a later challenge. The safer practice is to use an unrelated notary.
Employers With a Stake in the Transaction
A notary who works at a bank or financial institution should not notarize a power of attorney where their employer is a named party or where the notary personally benefits. If you’re at a bank and the document gives your agent authority over accounts at that same bank, ask whether another notary is available or take the document to one outside the institution.
The Notary Doubling as a Witness
If your state requires witnesses on top of notarization, be cautious about asking the notary to also sign as a witness. A few states explicitly permit it, and some allow the person taking the acknowledgment to count as one of the required witnesses. Others prohibit it, and even where allowed, the arrangement creates a muddled record. Bring a separate witness and let the notary focus on the notarization.
What Happens If the Wrong Person Notarizes
A notarization performed by a disqualified individual can lead to the document being declared void, which wipes out the agent’s authority. The notary can face commission revocation, fines, and in cases involving fraud, criminal charges. For you as the principal, an invalidated power of attorney could leave you with no one authorized to act for you at the moment you need it.
Capacity and Coercion: Why a Notary Can Still Say No
Even a fully qualified notary can refuse to proceed. A core part of the role is judging whether you understand what you’re signing and whether you’re doing it voluntarily. If you cannot respond coherently, appear heavily medicated, or seem confused about where you are, the notary can stop. The same is true if someone appears to be pressuring you, answering for you, or rushing you. If you’re arranging a notarization for an aging parent, give the parent space to interact with the notary privately.
Is Notarization Required at All?
Not every state requires notarization for every type of power of attorney. Some states treat it as mandatory. Others accept witness signatures as an alternative, and a few allow either option at the signer’s choice. Medical powers of attorney often carry stricter execution rules than financial ones, sometimes requiring two witnesses regardless of notarization.
Even where your state doesn’t require it, notarizing is almost always worth doing. Banks, title companies, and government agencies routinely refuse to honor a power of attorney without a notarial seal. A notarized document is also harder to challenge in court on grounds of forgery. If the power of attorney will be used for real estate, recording offices generally won’t accept it unnotarized.
Where to Find a Notary
In Person
Banks and credit unions are the most convenient option for many people, and some offer free notarization to account holders. Shipping and packaging stores, law offices, real estate agencies, and insurance companies often have notaries on staff. County clerk offices in some areas provide notarization as well.
Mobile notaries travel to your location for an added fee, which is useful when the signer is in a hospital or nursing home. Expect to pay more than at a fixed location.
Remote Online Notarization
Remote online notarization (RON) lets you complete the process on a secure video call with a commissioned notary. As of early 2025, at least 45 states and the District of Columbia have authorized RON in some form. The platform verifies your identity through knowledge-based questions and credential analysis, and you sign electronically while the notary observes by live video.
Some states impose restrictions on using RON for powers of attorney. Florida, for example, requires that if the signer is a vulnerable adult or answers yes to questions about impaired decision-making ability, witnesses must be physically present with the signer rather than appearing by video. Other states limit RON for healthcare directives or documents with testamentary aspects. Before scheduling a remote session, confirm with the platform that your specific type of power of attorney is eligible in your state.
What to Bring to the Appointment
Bring valid, government-issued photo identification. A current driver’s license or passport is standard. You must appear before the notary in person; every state requires personal appearance so the notary can verify your identity and observe you firsthand. RON satisfies this through a live video connection.
Have the power of attorney filled out but unsigned. Fill in the names, powers granted, any limitations, and the date, and leave the signature lines blank. The document should include an acknowledgment or jurat block for the notary. For an acknowledgment, which is the most common type for a power of attorney, you sign in front of the notary or confirm that a signature already on the document is yours. For a jurat, you sign while the notary watches and then swear or affirm that the contents are true.
Check witness requirements before you arrive. Some states require two witnesses for financial powers of attorney; others require witnesses only for medical directives. Witnesses must generally be present at the signing, cannot be anyone named as an agent or beneficiary, and in some states must bring their own photo identification.
Fees
Most states cap what a notary can charge per signature or notarial act, usually between $2 and $25. A power of attorney that needs both the principal’s and the agent’s signatures notarized costs twice the per-signature fee. Many banks waive the fee for account holders. Mobile notaries add a travel fee, often unregulated, and typically charge $50 to $150 or more depending on distance and urgency. RON platforms generally run $25 to $50 per session.
Cross-State Recognition
A power of attorney notarized in one state is generally recognized in others, as long as the notarization complied with the laws of the state where it was executed. Documents notarized under federal authority, such as those handled by military legal officers or consular officers, are recognized nationwide without regard to any state’s notary laws.1Office of the Law Revision Counsel. 10 USC 1044a – Authority to Act as Notary
Practical acceptance can be a different matter. A financial institution in one state may not be familiar with another state’s power of attorney form and may delay honoring it while legal review runs. If you know the document will be used mostly in a particular state, using that state’s statutory form and notarizing it there can prevent friction later.