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National Notary Association
The National Notary Bulletin

Does a power of attorney require notarization?

By NNA Staff

Does a power of attorney have to be notarized in Virginia? Will a notarized POA (Financial and living) hold up in court in Virginia? —  R. W., Virginia

It’s a possibility that a power of attorney must be notarized. However, your questions are legal questions that should be answered by an attorney or perhaps the agency that has prepared the document.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

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4 Comments

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sandralmcmillan7@gmail.com

13 Oct 2026

Does someone in NYC require a power of attorney? Can I as a notary in New York State notarize a power of attorney form? Is there a form?

National Notary Asosciation

14 Oct 2026

Hello. A Notary license does not authorize you to advise a person or prepare such a documetn for them if they need a power of attorney document or not. The state's "Notary Public License Law" publication states the following: “A notary … [m]ay not give advice on the law. The notary may not draw any kind of legal papers, such as wills, deeds, bills of sale, mortgages, chattel mortgages, contracts, leases, offers, options, incorporation papers, releases, mechanics liens, power of attorney, complaints and all legal pleadings, papers in summary proceedings to evict a tenant, or in bankruptcy, affidavits, or any papers which our courts have said are legal documents or papers” (NPLL). Whether or not you may notarize a power of attorney document would depend on whether the signer was requesting a lawful notarization act authorized by your state's laws, and if the request meets all requirements for a notarization in your state.

Betty J Dedman

19 Sep 2022

It is best for the individual to hire an atty to create their POA. Certainly lenders have appropriate POA's in their packages. When you really NEED to use the POA, you could encounter problems. Friend of DD, who IS an Atty and friend IS an atty, recently had to get friend's sister, who IS their mother's POA, to come into the bank to keep her mother from getting scammed from an online lurker. Mother is loopy from cancer treatments and not making good decisions. Don't play fast and loose with legal issues.

S Williams Smith

19 Sep 2022

Complicated notarization or question - Don't do it! Your business is more important than subsequent confusions.

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