Updated June 18, 2024
Limited power of attorney is a legal document that allows an individual (principal) to assign a specific act or responsibility to someone else (agent) on a temporary basis. It becomes void after the action has been completed or on a specified date.
Commonly Uses
- Bank accounts – To deposit, withdraw, and pay bills.
- Real estate – To buy, sell, or manage on someone’s behalf.
- Retirement benefits – To select different types or withdraw money.
- Tax filings – To file taxes on someone else’s behalf or collect refunds.
- Specific responsibilities – Such as picking up a vehicle, mail, etc.
Table of Contents |
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
How to Get Limited POA (5 steps)
3. Write the POA
Download in PDF, MS Word, or OpenDocument (.odt).
Use the Instructions and fill in with the agent that will be used in the document and be sure to inform them the responsibilities and terms of the document. There should be at least two (2) copies of the form made for each of the parties.
4. Signing the Form
Sign this form falls under “financial” related use, it must be authorized in accordance with State ‘Durable’ Laws. Which usually means the form must be signed with the principal in front of a notary public, witness(es), or both.
5. Acting as an Agent
Like any other power of attorney assignment, whenever the agent uses their right to act in the presence of the principal this form must be presented to the other party. Otherwise, the agent is not legally allowed to act for the principal.
If the agent is signing a document on behalf of the principal, they must sign and then use the phrase below the signature line “Acting as POA”.
The completed and signed limited power of attorney form should always be kept in a safe and easy to access place while not in use.
Revoking Limited POA
By default, death, incapacitation, or signing a Revocation Form can cancel a power of attorney designation. Although, there are two (2) ways a principal can automatically cancel by entering specific language in the form:
- Entering an End Date. Enter a revocation date into the form. Upon the specified date, the document will no longer be valid and your agent will no longer be able to act on stated powers.
- Action is Complete. When the agent’s action or the responsibility has been completed, the limited power of attorney will cease to be valid.
Signing Requirements
State | Signing Requirements | Statute |
Alabama | Notary Public | |
Alaska | Notary Public | |
Arizona |
One (1) Witness and Notary Public |
|
Arkansas |
Notary Public |
|
California |
Two (2) Witnesses or Notary Public |
|
Colorado |
Notary Public |
|
Connecticut |
Two (2) Witnesses and Notary Public |
|
Delaware |
One (1) Witness and Notary Public |
|
Florida |
Two (2) Witnesses and Notary Public |
|
Georgia |
One (1) Witness and Notary Public |
|
Hawaii |
Notary Public |
|
Idaho | Notary Public | |
Illinois |
One (1) Witness and Notary Public |
|
Indiana |
Two (2) Witnesses or Notary Public |
|
Iowa |
Notary Public |
|
Kansas |
Notary Public |
|
Kentucky |
Notary Public |
|
Louisiana |
Principal Only |
|
Maine |
Notary Public |
|
Maryland |
Two (2) Witnesses and Notary Public |
|
Massachusetts |
Two (2) Witnesses |
|
Michigan |
Two (2) Witnesses or Notary Public |
|
Minnesota |
Notary Public |
|
Mississippi | Principal Only | |
Missouri |
Notary Public |
|
Montana | Notary Public | |
Nebraska | Notary Public | |
Nevada | Notary Public | |
New Hampshire | Notary Public | |
New Jersey | Notary Public | |
New Mexico | Notary Public | |
New York | Two (2) Witnesses and Notary Public | |
North Carolina | Notary Public | |
North Dakota | Principal Only |
N/A |
Ohio |
Notary Public |
|
Oklahoma | Notary Public | |
Oregon | Principal Only |
N/A |
Pennsylvania |
Two (2) Witnesses and Notary Public |
|
Rhode Island | Notary Public | |
South Carolina |
Two (2) Witnesses and Notary Public |
|
South Dakota | Notary Public | |
Tennessee | Principal Only |
N/A |
Texas | Notary Public | |
Utah | Notary Public | |
Vermont |
Notary Public |
|
Virginia | Notary Public | |
Washington |
Two (2) Witnesses or Notary Public |
|
Washington D.C. | Notary Public | |
West Virginia | Notary Public | |
Wisconsin | Notary Public | |
Wyoming | Notary Public |
Video
How to Write
Download: PDF, MS Word, OpenDocument
Step 1 – Basic Information of Principal and Agent
In the first (1st) portion of the document, the principal should enter their full name and social security number (SSN). Afterward, the attorney-in-fact’s full name including their address and telephone number (preferably their cell phone) should be written.
Step 2 – Powers
The principal should enter the details of what their agent is allowed to handle (up to three (3)). The principal should initial and state how the form may be revoked, whether it can be by a revocation being authorized, when the task or objective has been completed, and/or at a particular date. Each option that is selected must be initialed and the box must be checked.
Below enter the State of jurisdiction the attorney-in-fact will be performing his actions and the principal should sign the bottom of the page.
Step 3 – Revocation
A limited power of attorney will automatically be revoked upon death or incapacitation by default. Additionally, you need to explain how you want the powers to be revoked when you no longer need your agent to act on your behalf. Your Limited Power of Attorney can be revoked in the following ways:
- By the Principal at any time by authorizing a Revocation.
- When the stated Power has been completed.
- On a specified date.
Step 4 – State Law
Whichever state the Principal resides, should be the state entered into the document. The laws of your state will be the governing laws overseeing your limited power of attorney.
Step 5 – Acceptance of Appointment
The Acceptance of Appointment is required in some States for the attorney-in-fact to confirm their duties to act in accordance with the written document. The signature (along with the principal’s on the first (1st) page) should be authorized in front of either two (2) witnesses or a notary public (including their Seal).
Once complete the form may be used until the acts are complete or on an expiration date.
Step 6 – Witnesses
The Principal should obtain two witnesses to attest to the Principal’s signature as this step is a requirement in most states. Both witnesses must sign, print name, and give addresses.
Step 7 – Notary Public
Once the form has been completed by all parties, the Principal should bring their limited power of attorney form to their local Notary. A Notary can be found at your local bank and they will most often give their services for free or at a small charge.