Can you use remote online notarization for power of attorney?

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 use of Remote Online Notarization (RON) for Power of Attorney (POA) documents depends on the specific laws of each U.S. state. As of 2023, many states have enacted legislation allowing for RON, but the rules and requirements can vary significantly between jurisdictions.

In states where RON is permitted for POA documents, the process typically involves the signer appearing before a notary via audio-video technology. The notary verifies the signer’s identity through methods such as knowledge-based authentication or credential analysis. The document is then signed electronically, and the notary applies their electronic seal and signature.

However, it is crucial to note that not all states have adopted RON for POA documents. Some states may allow RON for certain types of documents but exclude POAs due to their sensitive nature and potential for abuse. Additionally, even in states where RON is generally permitted, there may be specific requirements or limitations for its use with POAs.

Legal professionals advise individuals seeking to execute a POA using RON to carefully research their state’s current laws and consult with a licensed attorney in their jurisdiction. This ensures compliance with local regulations and helps avoid potential issues with the document’s validity or enforceability.

It is also important to consider that even if a state allows RON for POAs, certain institutions or agencies may still require traditionally notarized documents. Therefore, individuals should verify acceptance of remotely notarized POAs with the intended recipients before proceeding with RON.

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.