Signing Requirements – Most States require two (2) witnesses and/or a notary public.
Making “durable”
If a property owner would like the agent’s appointment to continue in the event of incapacitation, the selection for “durable” must be written in the document.
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
Table of Contents |
What is Real Estate Power of Attorney?
A real estate power of attorney is a document that allows someone else to handle property decisions on their behalf. This includes selling, buying, leasing, and managing property for the principal’s best interest. After the form is completed and signed, it is can be used immediately.
Agent
The agent can be any person selected by the principal. They do not have to be a property manager or an attorney.
Video
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) Witnesses and Notary Public |
|
Florida |
Two (2) Witnesses and Notary Public |
|
Georgia |
One (1) Witnesses 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 and Notary Public |
|
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* | |
Ohio |
Notary Public |
|
Oklahoma | Notary Public | |
Oregon | Principal Only* | |
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* | |
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 |
*Notary recommended if the attorney-in-fact intends to record any real estate instrument, such as a deed, on behalf of the principal with a local court or registry.
How to Make (3 steps)
1. Select Real Estate Powers
A real estate power of attorney can be used to give powers for single or multiple real estate transactions. It is also very useful when needing someone to manage your property. This could include signing lease agreements, buying or selling property, evicting tenants, etc.
As an example, a property owner could hire a property management company to rent out the property and keep up with the day-to-day maintenance.
2. Setting the Terms
Typically, if your intention is for a single transaction, you would select a start and end date. If the agent is managing the premises, then the principal would maybe want the term to be indefinite.
In addition, if the principal is seeking to have the agent keep their role should the principal be incapacitated or unable to use cognitive functions, they can select the form to be “durable”.
3. Signing the POA
Once complete, your real estate power of attorney must be signed by both yourself and the agent. It depends on the signing requirements in the state.
Sample
REAL ESTATE POWER OF ATTORNEY
I. APPOINTMENT. This Power of Attorney is made on [DATE], (“Effective Date”) between the following:
Principal: I, [PRINCIPAL’S NAME], the “Principal,” with a mailing address of [MAILING ADDRESS], hereby appoint:
Agent: [AGENT’S NAME], with a mailing address of [MAILING ADDRESS] (“Agent”).
II. 2ND AGENT. If the above Agent cannot serve, I hereby appoint: (check one)
☐ – No other individual.
☐ – Another Agent. [2ND AGENT’S NAME], with a mailing address of [MAILING ADDRESS] to act on my behalf and hold the same powers as the Agent.
III. REAL ESTATE. This Power of Attorney is in reference to: (check one)
☐ – A Single-Property. For the following property: [PROPERTY DESCRIPTION] (“Real Estate”).
☐ – Multiple Properties. For any property, partially or wholly owned, by the Principal.
IV. POWERS GRANTED. The Principal grants the Agent power to negotiate, execute, modify, and deliver any documents necessary to complete the following type(s) of real estate transactions: (initial and check all that apply)
______ ☐ – Selling. Additionally, this may include accepting closing proceeds for deposit into my account, which has been previously disclosed to my Agent.
______ ☐ – Purchasing. Additionally, this may include finalizing all documents necessary to complete the financing and purchase of the property.
______ ☐ – Management. Additionally, this may include making repairs (with reimbursement), approving sub-contractors for work, evicting tenants, and any other representation as needed on a day-to-day basis.
______ ☐ – Financing. Additionally, this may include modifying, executing, and delivering all documents necessary to complete the financing as well as to withdraw and disburse funds necessary from my account, which I have previously disclosed to my Agent.
V. TERM. This Power of Attorney shall begin on the Effective Date and shall continue until the: (initial and check one)
______ ☐ – End Date of [DATE].
______ ☐ – Principal’s Incapacitation or when the Principal can no longer think for themselves. (non-durable).
______ ☐ – The Principal’s death or revocation.
VI. DURABLE. In the event the Principal is shown to be incapacitated, or not able to think for themself, this Power of Attorney shall: (initial and check one)
______ ☐ – NOT be Valid. This Power of Attorney is non-durable and shall be revoked immediately upon the Principal’s incapacitation.
______ ☐ – Remain Valid. This Power of Attorney is durable and shall not be revoked upon the Principal’s incapacitation.
VII. GOVERNING LAW. This Power of Attorney shall be governed by the laws located in the state of [STATE] (“Governing Law”).
In accordance with Governing Law, I, the Principal, hereby revoke any other Power of Attorney related specifically to the Real Estate mentioned in Section III with the Agent, and any Alternate Agent, as the only persons allowed to act in my presence for such matters.
VIII. EXECUTION. As required under the Governing Law, this Power of Attorney shall be signed under: (initial and check all that apply)
______ ☐ – Notary Public
______ ☐ – One (1) Witness
______ ☐ – Two (2) Witnesses
_____________________________ _____________________________
Principal’s Signature Print Name
_____________________________
Date
NOTARY ACKNOWLEDGMENT
STATE OF _____________________
COUNTY OF _____________________, ss.
On this day of _____________________, 20____, before me appeared _____________________, as Principal of this Power of Attorney who proved to me through government issued photo identification to be the above-named person, in my presence executed the foregoing acceptance of appointment and acknowledged that (s)he executed the same as his/her free act and deed.
_____________________________
Notary Public
_____________________________
Print Name
My commission expires: __________________
WITNESS ACKNOWLEDGMENT
I/We, the witness(es), each do hereby declare in the presence of the Principal that he/she/they signed and executed this instrument in my/our presence, and that the Principal signed it willingly, and that each witness hereby signs this Power of Attorney as witness at the request of the Principal and in the Principal’s presence, and that, to the best of knowledge, the Principal is at least eighteen (18) years of age, of sound mind, and under no constraint or undue influence.
_____________________________ _____________________________
1st Witness Signature Print Name
_____________________________
Mailing Address
_____________________________
Phone
_____________________________ _____________________________
2nd Witness Signature Print Name
_____________________________
Mailing Address
_____________________________
Phone
Managing Property (day-to-day)
Property Management Agreement – Even though power of attorney allows another person to manage a property on their behalf, for a continued or ongoing relationship, it is recommended to use a formal agreement.
Download: PDF, MS Word, OpenDocument