Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

The rules regarding witnesses for a power of attorney (POA) document can vary depending on the state you reside in. In general, it’s best practice to avoid having close relatives serve as witnesses to your POA, even if it’s not explicitly prohibited by law. This helps prevent any potential challenges to the document’s validity based on claims of undue influence or bias.

Many states do allow relatives to serve as witnesses, but there are often restrictions. For example, some states may prohibit the agent named in the POA from also serving as a witness. Others may disallow beneficiaries of your estate plan or immediate family members from witnessing. It’s crucial to check your specific state’s laws to ensure compliance.

It’s worth noting that not all states require witnesses for a power of attorney document. In fact, a growing number of states have moved away from the witness requirement in favor of notarization. States like Florida, Texas, and California, for instance, typically require that a POA be notarized rather than witnessed. A notary public serves as an impartial third party who verifies the identity of the person signing the document and ensures that the signature is made willingly and without coercion.

Even in states where witnesses are required, having the document notarized in addition to being witnessed can provide an extra layer of authenticity and protection against future challenges. This dual approach of both witnesses and notarization is often recommended by estate planning attorneys to ensure the strongest possible legal standing for your power of attorney document.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.