Wills, trusts and probate
How to Get a Power of Attorney: Types, Forms, Signing Rules, and Cost
Learn how to get a power of attorney: the types, who signs, notary and witness rules in Texas, New York and California, what it costs, and what happens if someone can no longer sign.
Counselado · September 12, 2026 · United States · Updated October 1, 2026
To get a power of attorney, decide what authority you want to hand over, use the form or document your state requires, name the principal and the agent, and complete the state's signing steps. A financial power of attorney generally covers money and property, while a medical power of attorney covers health-care decisions and may be a separate document. Rules differ by state. In Texas, a durable financial power of attorney must meet Estates Code requirements (opens in a new tab) and be acknowledged before an authorized officer, while a Texas medical power of attorney (opens in a new tab) may be notarized or signed before two qualified witnesses. If the person already lacks capacity, a power of attorney may no longer be available, and guardianship or another alternative may need to be considered.
Key takeaways
- Financial and medical powers of attorney are often separate documents; the Texas statutory financial form says it does not authorize medical decisions.
- Signing rules depend on the state: Texas requires acknowledgment for a durable financial power, New York adds two witnesses, and California's statutory form requires acknowledgment.
- The principal needs the capacity to understand what they are signing when they sign.
- Banks and other institutions can ask for certain things within set periods under Texas law, but a power of attorney generally ends at the principal's death.
- A Texas notary fee example is $6 for the first signature, which is not the total cost of a power of attorney.
What kind of authority do you need?
A power of attorney authorizes an agent to act for a principal within the authority granted, so the first decision is what the agent will actually handle.
A general power of attorney gives broad authority over listed categories of affairs, and TexasLawHelp (opens in a new tab) describes a general power as ending if the principal becomes mentally or physically incapacitated unless it is durable. A limited or special power of attorney is restricted to a transaction, a subject, a piece of property or a time period, such as one real-estate closing. A durable power of attorney continues after later incapacity when the document and the governing state's law make it durable. A springing or conditional power begins only after a stated event; TexasLawHelp describes a conditional power as taking effect if and when the principal becomes incapacitated.
A financial power of attorney covers money, property, banking, business, tax, benefits or related matters. The Texas statutory durable form in Estates Code Chapter 752 (opens in a new tab) lists financial, property, business, benefits, tax, retirement, claims and digital-asset powers separately. A medical power of attorney covers health-care decisions when the principal cannot make them, and Texas regulates it separately under Health and Safety Code Chapter 166 (opens in a new tab). The Texas statutory form states that it does not authorize medical and other health-care decisions, so a person who wants both usually needs both documents.
Who is the principal, who is the agent, and who can sign?
The principal is the person granting authority, and the agent (also called an attorney-in-fact) is the person receiving it. Under Texas Estates Code § 751.0021 (opens in a new tab), the principal is an adult who signs, or directs another adult to sign in the principal's conscious presence, a document that designates another person as agent. TexasLawHelp says a person must be at least 18 and understand what they are signing and the authority given to the agent.
New York defines these terms in General Obligations Law § 5-1501 (opens in a new tab). It treats capacity as the ability to comprehend the nature and consequences of signing, revoking, amending or modifying a power of attorney, and it defines a principal as an individual at least 18 years old. In New York, the person who signs on the principal's behalf cannot be the named agent or successor agent.
The document can name a successor agent, require co-agents to act jointly, and give special instructions about agent compensation; the Texas statutory form allows special instructions on compensation and on whether co-agents act independently or jointly.
What must be signed, notarized, or witnessed?
Signing steps differ for each state and each type of document. The table compares the three examples in this section as of October 1, 2026.
Hover or tap a row to highlight it.
| State and document | Signing and acknowledgment | Witnesses |
|---|---|---|
| Texas durable financial power of attorney | Signed by the adult principal, or by another adult directed by the principal in the principal's conscious presence; acknowledged before an authorized officer | Not among the § 751.0021 requirements |
| Texas medical power of attorney | Signed and acknowledged before a notary public | Or signed in front of two competent adult witnesses who meet the statute's limits |
| New York power of attorney | Signed, initialed and dated; acknowledged as for a real-property conveyance; agent also signs and acknowledges | Two witnesses who are not named agents or permissible gift recipients |
| California statutory form | Substantially follows the statutory form, properly completed, with the principal's signature acknowledged | No two-witness rule like New York's |
In Texas, a durable financial power must designate an agent, be signed, contain the statutory durability language or equivalent, and be acknowledged (opens in a new tab). The statutory form also says that authority over a home-equity loan requires signing at the office of the lender, an attorney or a title company, according to Estates Code § 752.051 (opens in a new tab). For a Texas medical power, Chapter 166 (opens in a new tab) disqualifies certain people from serving as witnesses, including the agent, certain relatives, the attending physician, specified employees and people with certain estate claims.
New York's General Obligations Law § 5-1501B (opens in a new tab) also requires the document to be typed or printed in at least 12-point type, or a reasonable handwritten equivalent. California's Probate Code § 4402 (opens in a new tab) covers its statutory form. These examples describe those states only and do not establish the rule anywhere else.
Where does the form come from?
There are three common sources. The first is a state statutory form, such as the Texas durable financial form in Estates Code § 752.051. The second is a form published by a state agency, court, state law library or legal-aid group; Texas Health and Human Services publishes a medical power of attorney form (opens in a new tab), and TexasLawHelp publishes information and links to forms. The third is a lawyer-drafted document that spells out the powers, safeguards, co-agents, successor agents and special authority needed.
A form is not suitable merely because it is generic or supplied by a bank; it has to satisfy the law that governs its signing. TexasLawHelp notes that a lawyer may be especially useful for a general or durable power because the document can grant broad authority.
How a power of attorney comes together
- Decide the authorityChoose whether the agent will handle finances, health care or one transaction, under the law of the state that governs the document.
- Name the peopleIdentify the principal, the agent and any successor agent, and list the powers granted.
- Get the documentUse a state statutory form, an agency or legal-aid form, or a lawyer-drafted document.
- Sign while ableThe principal signs while having the capacity to understand what is being signed.
- Complete the formalitiesAdd the notary acknowledgment or the witnesses the state requires.
- Share and store itGive copies to the agent and the institutions that will use it, and keep the original somewhere safe.
When does the power begin, and does it survive incapacity?
Some powers take effect when signed and others only after a stated event. In Texas, the statutory durability language is what lets a financial power continue after incapacity. New York's General Obligations Law § 5-1501A (opens in a new tab) provides that a power is durable unless it expressly terminates on incapacity, and § 5-1501B(3)(b) addresses a specified date or contingency. California addresses durability and a specified event or contingency in Probate Code §§ 4404 and 4405 (opens in a new tab).
Will a bank or other institution accept it?
Texas has specific acceptance rules. Under Estates Code § 751.201 (opens in a new tab), a person presented with a durable power of attorney generally must accept it unless a statutory ground for refusal exists, or must ask for an agent certification, an opinion of counsel or an English translation within the statutory periods. Section 751.206 (opens in a new tab) lists the grounds for refusal. A bank may have its own administrative steps, but the statutory grounds still apply.
Hover or tap a row to highlight it.
| Step | Period |
|---|---|
| Request an agent certification or legal opinion after presentation | No later than the 10th business day |
| Request an English translation after presentation | No later than the fifth business day |
| Accept after receiving a requested certification or legal opinion | No later than the seventh business day |
| Extending any of these periods | The parties may agree to extend them |
These periods are Texas rules with statutory details, not a nationwide deadline. In California, Probate Code § 4406 (opens in a new tab) allows a court action to compel acceptance of a properly executed statutory form, and it provides that refusal is not unreasonable solely because the document is not on the third party's form.
Social Security works differently. The Social Security Administration uses a representative payee appointment (opens in a new tab) to manage Social Security and SSI benefits and says a power of attorney is not an acceptable substitute for that appointment.
What does a power of attorney cost?
Costs vary by lawyer, document complexity, form source, notary and location, so no single price applies. In Texas, the Secretary of State's notary materials (opens in a new tab) say a notary may charge a lesser fee or no fee, and the published fee schedule (opens in a new tab) lists an acknowledgment or proof of a deed or other written instrument at $6 for the first signature and $1 for each additional signature. The Secretary of State's notary FAQ (opens in a new tab) points to the statute for maximum official-act fees. That is a notary-fee example as of October 1, 2026, not the total cost of a power of attorney.
The State Bar of Texas (opens in a new tab) says a lawyer's fee may be hourly or flat, depending on the engagement. Official government and legal-aid forms may be available without a document-purchase fee, while lawyer review or drafting can carry a separate fee.
What if the person can no longer sign?
A new power of attorney generally requires the principal to have the capacity the governing law requires. TexasLawHelp states that a mentally incapacitated person cannot create one, because the signer must understand what is being signed.
When capacity is already gone, Texas law lists alternatives to guardianship in Estates Code § 1002.0015 (opens in a new tab), including a medical power of attorney, a durable power of attorney, representative payee appointment, a joint bank account, a management trust, a special-needs trust and designation of a guardian before need arises. Guardianship is created and monitored by a court, and Texas law asks courts to consider less restrictive alternatives; the Texas Governor's guardianship page (opens in a new tab) explains that review. Chapter 1101 (opens in a new tab) covers guardianship applications and the medical evidence they involve.
Supported decision-making is another option in Texas. The adult keeps decision-making authority while receiving help understanding information, comparing choices and communicating decisions, and the supporter has no authority to decide for the adult, according to TexasLawHelp (opens in a new tab).
How does a power of attorney end, and what protects the principal?
A power of attorney can end through the principal's revocation, an expiration date or stated event, the principal's death, agent resignation, removal or inability to act, a guardian's appointment where the law provides that result, or a later document where the law gives it that effect. The Texas statutory form in Chapter 752 (opens in a new tab) says authority generally continues until the principal dies or revokes the power, the agent resigns, is removed by a court or cannot act, or a guardian is appointed for the principal's estate. In California, Probate Code § 4265 (opens in a new tab) says a power may not authorize an agent to make, publish, amend or revoke the principal's will.
TexasLawHelp says revocation requires the principal to have the mental capacity to understand it, and it recommends written notice to the agent and to the institutions that dealt with the agent. Divorce can end a spouse's appointment in some states or documents.
An agent's duties include acting within the granted authority, acting in good faith and keeping the principal's interests in view. Exact duties depend on the state and the document; New York's General Obligations Law § 5-1511 (opens in a new tab) and California's Probate Code § 4266 (opens in a new tab) address these topics for their states.
Safeguards include limiting the powers granted, naming a successor agent, requiring co-agents to act jointly, naming a monitor or requiring reports where state law allows, keeping financial records and receipts, and giving institutions notice of a revocation. Anyone who suspects abuse, neglect or exploitation of an older adult or a person with a disability in Texas can call the Texas Abuse Hotline at 800-252-5400 or use TXAbuseHotline.org, according to Texas HHS reporting information (opens in a new tab). Call 911 for immediate danger.
Spanish terms and official Spanish resources
Spanish-speaking readers will see several terms for the same document. TexasLawHelp's Spanish page uses "poder legal (opens in a new tab)," "representado" for the principal, "agente," "poder legal duradero," "poder legal limitado," "poder legal condicional" and "poder legal médico."
Official Spanish materials include TexasLawHelp's Spanish fact sheet (opens in a new tab) and its medical power of attorney page (opens in a new tab), the Texas HHS Voluntades anticipadas page (opens in a new tab), the Spanish medical form (MPOA-S) linked from the Texas HHS form page (opens in a new tab), and the Social Security Administration's Spanish guide for representative payees (opens in a new tab).
A document checklist
- Identify the state law that governs the document, and whether the authority is financial, medical or limited to one transaction.
- Name the principal, the agent and any successor agent, and list the powers granted.
- Decide whether the power must be durable or conditional, and check the state's signing, acknowledgment and witness rules.
- Complete the document while the principal has the required capacity, with the notary acknowledgment or witnesses the state requires.
- Give copies to the agent and the institutions that will use it, and keep the original somewhere safe.
- Prepare revocation instructions, and use the Social Security Administration's own process for Social Security benefits.
Check what you know about powers of attorney
Frequently asked questions
The answers below cover questions readers often ask next, with the state named wherever a rule is state-specific.
What is the difference between a durable power of attorney and a general one?
A durable power continues despite later incapacity when the governing state's durability requirements are met. A general power, according to TexasLawHelp, ends on the principal's incapacity unless it is durable.
Does a power of attorney need a notary?
It depends on the state and the type of document. Texas requires acknowledgment for a durable financial power, while a Texas medical power may use a notary or two qualified witnesses. New York requires acknowledgment and two witnesses.
Does a power of attorney continue after the principal dies?
No. The Texas statutory form states that authority generally ends at the principal's death.
Can an agent manage Social Security benefits?
Not through a power of attorney alone. The Social Security Administration appoints a representative payee for Social Security and SSI benefits, and it does not accept a power of attorney as a substitute.
Is a power signed in another state still valid in Texas?
Texas recognizes an out-of-state durable power of attorney when its signing met the law that governed it, under Estates Code § 751.0023 (opens in a new tab). Other states set their own rules.
If you are considering a power of attorney for yourself or a family member, a lawyer licensed in your state can confirm which document fits and how it must be signed. You can look for estate planning and elder law firms in the Counselado lawyer directory.
Terms in this guide
Tap a term to see what it means.
Principal. The person who grants authority in a power of attorney.
Agent (attorney-in-fact). The person who receives authority to act for the principal.
Successor agent. A backup agent named to step in if the first agent cannot or will not act.
Durable power of attorney. A power that continues after the principal's later incapacity when the document and state law make it durable.
Springing or conditional power. A power that begins only after a stated event, such as the principal's incapacity.
Limited or special power. A power restricted to one transaction, subject, piece of property or time period.
Medical power of attorney. A document that names someone to make health-care decisions when the principal cannot; Texas regulates it under Health and Safety Code Chapter 166.
Acknowledgment. The principal's signature confirmed before a notary or other authorized officer.
Representative payee. A person the Social Security Administration appoints to manage Social Security or SSI benefits.
This guide gives general legal information, not legal advice for your situation. Laws change and differ by state; a lawyer licensed in your state can tell you how they apply to you.