Free General Power of Attorney Form

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A general power of attorney is a document granting someone financial authority. Your agent, also called your attorney-in-fact, can handle bank accounts, bills, property and taxes for you. This page offers the free form in PDF and Word, with filling and signing steps.

Whether this form keeps working if you become incapacitated depends on where you sign and on the ending you choose, so read the note on durable powers below. It suits travelers, service members and business owners who want help with money matters. If you need a different kind of power of attorney form, start there.

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What Is a General Power of Attorney Form?

A general power of attorney form is a document in which you, the principal, give an agent broad authority over your financial and legal matters, such as bank accounts, bills, investments and property. What your agent can actually do depends on the wording of the form and on your state's law.

"General" means broad. One document covers many kinds of financial transactions at once, while a limited power covers one task or one period. People also search for it as a financial power of attorney or a power of attorney for finances.

Medical decisions are not part of this form. They need a separate document, such as a medical power of attorney.

A blank general power of attorney template has the same parts as the filled one: the two parties, the powers you grant, the start and end dates, a successor agent and a signing page.

Tip: a successor agent is a backup you name in case your first agent is unable to act. The form has a place to name one.

Financial Powers You Can Grant

A general power of attorney can give your agent authority over real estate, other property, retirement accounts, banking, investments, business operations and tax matters, as far as the form grants each one. Here are some examples of powers you (the principal) can grant someone else (your agent or attorney-in-fact) in a power of attorney (POA).

Managing Real Estate

You can give someone else the right to manage your real estate, including making changes to the property or buying and selling it on your behalf. That can come with access to the accounts and documents for the real estate the power covers.

When your agent will deal with real estate, the power is usually recorded with the county where the property is, and recorders generally want a notarized signature. Ask the county recorder what it needs.

Property Management

You can also grant the right to manage other property on your behalf, such as vehicles and other belongings. One power of attorney can cover real estate, other property, or both.

Retirement Accounts

You can give your agent authority to deal with your retirement accounts, such as making contributions or directing withdrawals for your benefit. The form lists retirement plan transactions as one of its powers, and its special instructions spell out retirement and savings accounts in more detail.

Banking, Bills and Investments

A financial power of attorney can include things like the right to make investment choices, manage your financial accounts, pay routine bills and sign checks on your behalf.

The form also lets you choose which financial matters your agent may handle, or create a customized set of privileges and restrictions. This can include:

  • Banking and other financial institution transactions
  • Stock and bond transactions
  • Insurance and annuity transactions
  • Claims and litigation
  • Tax matters

Give your agent only the powers you want them to have. To change them later, revoke the old power in writing and sign a new one that says it replaces any earlier power of attorney. Depending on the state, a new power of attorney does not cancel an older one unless it says so.

In Wisconsin, for example, signing a new power of attorney does not revoke an earlier one unless the new one says that the earlier one, or all other powers of attorney, are revoked (Wis. Stat. § 244.10).

Handling Business Transactions

If you are in business for yourself, you can name someone to make business decisions on your behalf, usually when you cannot be reached in time to decide. The form lists business operating transactions as one of the powers you can grant.

Depending on your situation, you may not need this. For instance, employees you have already authorized to make certain business decisions may not also need a power of attorney.

Naming More Than One Agent

This is not a specific power, but you can name more than one agent, in the same document or in separate ones. Some people split the work, for example by choosing one person for money matters and another for health care decisions under a separate medical document.

Naming several agents also lets you match each agent's role to their strengths. If you do, say in the document whether they must act together or may act separately.

When to Use a General Power of Attorney

A general power of attorney fits many situations, from handling your money while you travel to letting someone act when you cannot be reached. Check that the powers and the end date in the form match what you need before you sign.

General vs. Limited Power of Attorney

If you want an agent for a set task or a set period of time, with a clear beginning and end, a limited power of attorney may fit better. It helps when you need temporary assistance and do not want to give anyone broad, long-term authority.

For instance, you might give someone the power to sign closing papers for you on one property sale while you are out of town.

General vs. Springing Power of Attorney

In many states, a power of attorney can also start at a later date or when a future event happens. This is called a springing power of attorney. If you use one, say in the document who decides that the event has happened.

In Georgia, Ohio and Wisconsin, a power of attorney is effective when executed, unless the principal provides in it that it becomes effective at a future date or on a future event or contingency (O.C.G.A. § 10-6B-9(a); Ohio Rev. Code Ann. § 1337.29; Wis. Stat. § 244.09(1)). In Florida, apart from the exceptions in subsection (2) and s. 709.2106(4), a power that says it takes effect at a future date or on a future event or contingency is ineffective (Fla. Stat. § 709.2108).

General vs. Durable Power of Attorney

A durable power of attorney keeps working after you become incapacitated. A power that is meant to start or keep working when you become incapacitated needs to be durable. The form on this page is not written as a durable power, so if you need one that keeps working then, use a durable power of attorney.

In Ohio and Wisconsin, a power of attorney created under the state's power of attorney act is durable unless it expressly provides that the principal's incapacity ends it (Ohio Rev. Code Ann. § 1337.24; Wis. Stat. § 244.04). If you sign there and want the power to end on incapacity, choose that ending in the form's termination section so the document says so (Ohio Rev. Code Ann. § 1337.24; Wis. Stat. § 244.04).

The same default applies in the jurisdictions below, each for the powers the listed section covers. If you sign in one of them and want the power to end on incapacity, choose that ending in the form so the document says so.

Jurisdiction Powers the default covers Section
Alabama A power to which the chapter applies Ala. Code § 26-1A-104
Arkansas A power created under the chapter Ark. Code Ann. § 28-68-104
Colorado A power created on and after January 1, 2010 Colo. Rev. Stat. § 15-14-704
Connecticut A power created under sections 1-350 to 1-353b Conn. Gen. Stat. § 1-350c
District of Columbia A power created under the chapter D.C. Code § 21-2601.04
Georgia A power created under the chapter O.C.G.A. § 10-6B-4
Hawaii A power created under the chapter Haw. Rev. Stat. § 551E-3
Idaho A power created under the chapter Idaho Code § 15-12-104
Indiana Any power: incapacity does not terminate it, except as the power states otherwise Ind. Code 30-5-10-3(a)
Iowa A power created under the chapter Iowa Code § 633B.104
Kentucky A power created under the chapter Ky. Rev. Stat. § 457.040
Louisiana A mandate: in the absence of contrary agreement, incapacity does not terminate the mandatary's authority La. Civ. Code art. 3026
Maine A power created under that Part Me. Rev. Stat. tit. 18-C, § 5-904
Michigan A power created on or after the act's effective date and executed under section 105(2) or (3) Mich. Comp. Laws § 556.204
Montana A power created under that part Mont. Code Ann. § 72-31-304
Nebraska A power created after January 1, 2013, under the Nebraska Uniform Power of Attorney Act Neb. Rev. Stat. § 30-4004
Nevada A power created under NRS 162A.200 to 162A.660 Nev. Rev. Stat. § 162A.210
New Hampshire A power created under the chapter N.H. Rev. Stat. Ann. § 564-E:104
New Mexico A power created under the Uniform Power of Attorney Act N.M. Stat. Ann. § 45-5B-104
New York Any power of attorney N.Y. Gen. Oblig. Law § 5-1501A(1)
Oklahoma A power created under the act Okla. Stat. tit. 58, § 3004
South Carolina A power created under that part after its effective date S.C. Code Ann. § 62-8-104
Utah A power created under the chapter Utah Code § 75A-2-104
Vermont A power created under the chapter, unless it expressly ends on incapacity or unavailability 14 V.S.A. § 4004
Virginia A power created under the chapter Va. Code Ann. § 64.2-1602
West Virginia A power created under the act W. Va. Code § 39B-1-104
Wyoming A power created on or after the act's effective date Wyo. Stat. Ann. § 3-9-104

Other states look for durability words in the document. In Florida, a power of attorney is durable if it contains the words the section sets out or similar words showing the principal's intent (Fla. Stat. § 709.2104). In Texas, an instrument is a durable power of attorney if, among other things, it contains the section's words or similar words (Tex. Est. Code § 751.0021). A power without such words is not durable in Florida or Texas (Fla. Stat. § 709.2104; Tex. Est. Code § 751.0021).

Delaware and Minnesota also make a power durable by such words (12 Del. C. § 49a-104; Minn. Stat. § 523.07). Kansas and Missouri set their own conditions for authority that survives disability (Kan. Stat. Ann. § 58-652; Mo. Rev. Stat. § 404.705). For any place not named here, read its own power of attorney act or ask a lawyer.

General vs. Medical Power of Attorney

A medical power of attorney names someone to make health care decisions for you, which this financial form leaves out. You can sign both, with the same agent or with different ones.

Other Circumstances

There are many reasons to name an agent. Here are a few of the most common:

  • Military service members may name an agent to handle their affairs while they are deployed.
  • If you travel often, you may want someone who can handle your affairs while you are away.
  • You need someone who can act on business matters when you cannot be reached.
  • You have a health problem and want help with your money matters. Read the note below the table first, because this form is not written to keep working if you become incapacitated.

These are only a few of the most common circumstances. If your situation is not listed, a general power of attorney may still cover what you need, depending on the powers you grant.

You can also consult a lawyer if you are not sure whether a POA is what you need or which type of power of attorney is most appropriate.

General Power of Attorney Form Details

Document Name General Power of Attorney Form
Other Names Financial Power of Attorney, Power of Attorney for Finances
Ends when When you revoke it, when you die, on an end date you set, or on incapacity if you choose that ending (see the note below)
Avg. Time to Fill Out 10 minutes
# of Fillable Fields 43
Available Formats Adobe PDF; Microsoft Word

This form is not written as a durable power. What it does on incapacity depends on the ending you choose and on where you sign, as General vs. Durable Power of Attorney above explains, so do not count on it if you lose the ability to manage your own affairs. If you want a power that keeps working then, use a durable power of attorney instead.

Steps to Getting a General POA

Getting a general power of attorney takes five steps. If you already have a lawyer, they can draft one for your situation. Otherwise, you can use the form we provide and fill it out with our document builder. Here is what to do.

1. Choose Your Agent

General Power of Attorney Choosing an Agent

The first step is to pick your agent. Consider your options carefully, including talking with anyone you are thinking of naming. Make sure they understand why you want to name them and which financial powers you would like to give them.

In many states, an agent accepts the role by agreeing to it or by acting under the power, so talk to your agent before you sign.

In Wisconsin, unless the power of attorney provides otherwise, a person accepts appointment as an agent by exercising authority, performing duties as an agent or any other conduct showing acceptance (Wis. Stat. § 244.13).

2. Decide Between a Custom POA and a Template

General Power of Attorney Deciding between Custom Form and Template

Before you give someone POA, you may want to seek legal advice. Decide whether to use a template or have a lawyer draft a custom document for your situation.

Whichever kind you use, check your state's signing rules and any wording it asks for. In New York, a power must substantially conform to the wording of the "Caution to the Principal" and the "Important Information for the Agent" (N.Y. Gen. Oblig. Law § 5-1501b). In Pennsylvania, a power outside the exempt classes must open with the statutory notice in capital letters, signed by the principal (20 Pa.C.S. § 5601). In Maine, a durable power under that section's Part is not valid unless it contains the notices the section sets out, substantially in that form (Me. Rev. Stat. tit. 18-C, 5-905(2)). In New Hampshire, a disclosure statement in substantially the form the section sets out, signed (not by electronic signature) by the principal or by another individual the principal directs, must be affixed to the power of attorney (N.H. Rev. Stat. Ann. § 564-E:105). Check that the document has that wording before you sign there.

3. Fill Out Your POA

General Power of Attorney Filling out the Document

Your general power of attorney form asks for your personal information, your agent's personal information, and the powers you grant. You may need to add account details, property information or insurance information, depending on what the powers cover.

4. Sign It the Way Your State Requires

General Power of Attorney Filing the Document

The signing rules depend on your state. Check your state's page in the State-specific Forms list, since the rules differ:

  • Many states require a notary.
  • Some accept two witnesses instead.
  • Some want witnesses as well as a notary.

The signing table further down this page lists each rule with its section.

You generally do not file a general power of attorney with a state office. Keep copies for yourself, your agent and your lawyer. If your agent will handle real estate, record the power with the county where the property is.

5. Review It When Things Change

General Power of Attorney Renewing the Document

A power of attorney does not usually need to be renewed on a schedule, unless the document sets an end date. Instead, review it when your life changes, for example when you move or when you want to change the powers you grant.

To make a change, revoke the old power in writing and sign a new one. Ask a lawyer if you are not sure how your state handles it.

Video Guide: General Power of Attorney

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How to Fill Out a General Power of Attorney

The steps below follow the FormsPal general power of attorney form, which covers financial matters only. They assume you have already decided between a template and a lawyer. If a lawyer is drafting your document, they will guide you through the matching sections.

1. Choose the Relevant Form

First, make sure you have the right kind of POA form. Some templates are truly general, but most are built for one purpose. You would not use a financial POA template to create a medical power of attorney, for instance.

Our form is geared toward financial powers and is only suitable for naming someone as your financial attorney-in-fact. If you need a power the form does not list, such as rights over a specific vehicle, you can add it in the special instructions.

2. Fill Out Personal Information

At the start of the form is a section for your personal information and your attorney-in-fact's. It asks for your legal name and address and your agent's legal name and address. You can add more information if you like, but it is not necessary.

Make sure both addresses are up to date, and keep them current if either of you moves.

Example of a filled-in parties section: Principal: Jane Doe, 12 Oak Street, Springfield. Agent (attorney-in-fact): John Roe, 40 Elm Avenue, Springfield.

Part for filling out personal info of general power of attorney

3. Select Financial Powers

Since this form is for financial matters, you select the specific powers you are granting your attorney-in-fact.

Initial the line next to each power you want to grant, or initial the line for all of them. Powers you do not initial are not granted. The form lists these powers:

  • Real property transactions
  • Tangible personal property transactions
  • Stock and bond transactions
  • Commodity and option transactions
  • Banking and other financial institution transactions
  • Business operating transactions
  • Insurance and annuity transactions
  • Estate, trust and other beneficiary transactions
  • Claims and litigation
  • Personal and family maintenance
  • Benefits from Social Security, Medicare, Medicaid or other government programs
  • Retirement plan transactions
  • Tax matters

You can add powers that are not listed in the special instructions.

Financial powers selection section of general poa form

4. Give Special Instructions

Using a template does not mean you cannot adjust the terms. Our form lets you add powers that are not listed in the special instructions. It also includes three common special instructions that may not always be relevant: one on medical claims and reimbursements, one on retirement and savings accounts, and one on digital assets. You can add instructions or take out the ones you do not need.

Avoid leaving blank space in this area, since text could be added to it after you sign. Cross out any space you do not use.

Unless you know legal language well, ask a lawyer about any changes you make. They may recommend changes or supply the wording you need.

Special instructions part of general power of attorney template

5. Enter Effective and Termination Dates

You will also indicate an effective date on the form. It can take effect immediately or on a date you choose. In Florida, apart from the exceptions in subsection (2) and s. 709.2106(4), a power that says it takes effect at a future date or on a future event or contingency is ineffective (Fla. Stat. § 709.2108), so choose the immediate start there. In the termination section, you choose how the power ends:

  • When you sign a written revocation
  • On a date you set
  • When you are determined to be incapacitated

If you choose the incapacity line, the document says the power ends then; in Wisconsin, for example, a power terminates when the principal becomes incapacitated, if the power so provides (Wis. Stat. § 244.10). If you do not choose it, the result depends on where you sign: in Ohio and Wisconsin the power is durable unless it expressly provides that incapacity ends it (Ohio Rev. Code Ann. § 1337.24; Wis. Stat. § 244.04), and in Florida and Texas it is not durable without the durability words (Fla. Stat. § 709.2104; Tex. Est. Code § 751.0021). The durable default table above lists the other jurisdictions. If you need a power that keeps working then, a durable power of attorney is the document to look at.

Section for effective and termination dates of general financial poa document

6. Indicate a Successor Agent

The last section you fill out yourself lets you name a successor agent, who can act if your first attorney-in-fact cannot.

Like your first agent, this person should be a family member, friend or other trusted person. In many states, a successor acts only if the first agent dies, becomes incapacitated, resigns or cannot act. Say in the document when the successor takes over.

Successor agent indication part of general power of attorney form

Sign Before a Notary or Witnesses, Then Keep Copies

The signing rules depend on your state. Some states require a notary, some accept witnesses, and some want both. Even where a notary is optional, a notarized signature makes it easier for your agent to prove the document is genuine, since banks and county recorders generally want one.

Our form includes a page for a notary public. The notary fills out the notary's part, and a witness signs the witness line. The page has one line for the notary's signature and one for a witness signature, which is not enough where two witnesses are required, as in Florida, Maryland, Connecticut, New York and Pennsylvania (Fla. Stat. § 709.2105; Md. Code, Est. & Trusts § 17-110; Conn. Gen. Stat. § 1-350d; N.Y. Gen. Oblig. Law § 5-1501b; 20 Pa.C.S. § 5601(b)(3)(ii)). In those states, add a second witness line before signing.

At a minimum, keep a copy and give your agent one. Leave a third copy with your lawyer, or keep it with your last will and other legal documents.

Notarization part of general power of attorney document

Notary and Witness Requirements by State

Signing rules for a financial power of attorney differ by state: Florida requires two subscribing witnesses and a notary, while California accepts either a notary or two qualifying witnesses (Fla. Stat. § 709.2105; Cal. Prob. Code § 4121).

Jurisdiction Signing formalities in the statute Section
Alaska The principal signs, or directs another person in the principal's conscious presence to sign if physically unable, and acknowledges the signature before a notary public or another officer authorized to take acknowledgments Alaska Stat. § 13.26.600
Arizona For a financial power of attorney other than a motor vehicle power of attorney: one witness who is not the agent, the agent's spouse, the agent's children or the notary, plus the principal's acknowledgment and the witness's affidavit before a notary public Ariz. Rev. Stat. § 14-5501
California Either acknowledged before a notary public or signed by at least two witnesses who meet the requirements of Section 4122 Cal. Prob. Code § 4121
Connecticut Dated, signed by the principal (or by another person at the principal's direction in the principal's conscious physical presence) and witnessed by two witnesses Conn. Gen. Stat. § 1-350d
Delaware For a personal power of attorney (a durable power of attorney under chapter 49A): in writing, dated, signed in the presence of a notarial officer and of one adult witness who is not related to the principal by blood, marriage or adoption and is not entitled to any part of the principal's estate. The agent has no authority to act until the agent signs and attaches the certification the section sets out 12 Del. C. § 49a-105
District of Columbia For a power of attorney executed under its chapter: acknowledged before a notary public or another officer authorized to take acknowledgment D.C. Code § 21-2601.05
Florida Signed by the principal and by two subscribing witnesses, and acknowledged by the principal before a notary public or as otherwise provided in s. 695.03 Fla. Stat. § 709.2105
Georgia Attested in the principal's presence by a competent witness who is not named as an agent, and attested as Code Section 44-2-15 sets out by a second person who is neither that witness nor an agent O.C.G.A. § 10-6B-5(a)(1)
Illinois For a nonstatutory property power: signed by at least one witness to the principal's signature, and showing that the principal acknowledged the signature before a notary public 755 ILCS 45/3-3
Indiana Signed by the principal or at the principal's direction, either in the presence of a notary public or in the presence of witnesses as sections 1.3, 1.5, 1.7 and 1.9 of the chapter describe Ind. Code § 30-5-4-1
Iowa Acknowledged before a notary public or another officer authorized to take acknowledgments Iowa Code § 633B.105
Kansas For a durable power of attorney (one named a "durable power of attorney" with the provision the section requires): signed by the principal, dated and acknowledged in the manner the revised uniform law on notarial acts prescribes Kan. Stat. Ann. § 58-652
Maine For a power of attorney under that Part: acknowledged before a notary public or another officer authorized to take acknowledgments. A durable power of attorney under that Part is not valid unless it contains the notices the section sets out, substantially in that form Me. Rev. Stat. tit. 18-C, § 5-905(1); Me. Rev. Stat. tit. 18-C, 5-905(2)
Maryland Acknowledged by the principal in the physical or electronic presence of a notary public, and attested and signed by two or more adult witnesses Md. Code, Est. & Trusts § 17-110
Michigan To be durable, a power the principal signs is either acknowledged before a notary public or another individual authorized to take acknowledgments, or signed in the presence of 2 witnesses who also sign it, neither of them an agent named in the power (one may also act as the notary). A power another individual signs for the principal, in the principal's conscious presence, needs those 2 witnesses to be durable Mich. Comp. Laws § 556.205
Minnesota Dated, signed by the principal and acknowledged by a notary public Minn. Stat. § 523.01
Missouri For a durable power of attorney: subscribed by the principal, and dated and acknowledged in the manner prescribed by law for conveyances of real estate Mo. Rev. Stat. § 404.705
Nebraska For a power of attorney under the Nebraska Uniform Power of Attorney Act: acknowledged before a notary public or another officer authorized to take acknowledgments Neb. Rev. Stat. § 30-4005
New Hampshire For a general power of attorney: signed by the principal (not by electronic signature) and acknowledged before a notary public or another officer authorized to take acknowledgments. A disclosure statement in substantially the form the section sets out, signed (not by electronic signature) by the principal or by another individual the principal directs, must be affixed to the power of attorney N.H. Rev. Stat. Ann. § 564-E:105
New Jersey In writing, duly signed and acknowledged in the manner set forth in R.S.46:14-2.1 N.J.S.A. 46:2B-8.9
New York Signed, initialed and dated by the principal; the signature acknowledged as for a conveyance of real property; witnessed by two persons not named in it as agents or as permissible recipients of gifts. Any agent acting for the principal must also sign and date it, with the agent's signature acknowledged the same way; it takes effect as to that agent on the date of that acknowledgment, or, if two or more agents are designated to act together, when all have so signed. If the power states that it takes effect on a date or contingency it specifies, it takes effect only when that date or contingency has occurred and the agent's signature has been acknowledged N.Y. Gen. Oblig. Law § 5-1501b
Pennsylvania Dated and signed by the principal, or by another individual at the direction of a principal unable to sign. For a power of attorney executed on or after that paragraph took effect: acknowledged before a notary public or another officer authorized to take acknowledgments who is not the agent, and witnessed by two individuals, each 18 or older, none of them the agent, that notary or officer, or the individual who signed for the principal. Outside the exempt classes, the principal signs the statutory notice at the beginning. The agent has no authority to act until the agent signs and attaches the acknowledgment the section sets out 20 Pa.C.S. § 5601(b)(3)(ii)
Rhode Island For a statutory short form power of attorney: in writing, with the exact wording of clause First of the section, and duly acknowledged by the principal in the manner prescribed for the acknowledgement of a conveyance of real property. The chapter does not bar any other form R.I. Gen. Laws 18-16-2(b); R.I. Gen. Laws 18-16-2(e); R.I. Gen. Laws 18-16-2(c)
South Carolina Attested with the same formality and the same witness requirements as a will in South Carolina, and acknowledged or proved under Section 30-5-30 S.C. Code Ann. § 62-8-105
South Dakota Signed by the principal, or in the principal's conscious presence by another individual the principal directs, with any signature acknowledged before a notary public or another individual authorized by law to take acknowledgments S.D. Codified Laws § 59-12-4
Texas For a durable power of attorney (one containing the words the section sets out or similar words): acknowledged by the principal, or another adult the principal directs, before an officer authorized to take acknowledgments to deeds of conveyance and to administer oaths Tex. Est. Code § 751.0021
Utah Signed before a notary public or another officer authorized to take acknowledgments, while the principal has enough mental capacity to understand that they are appointing an agent for their financial affairs Utah Code § 75A-2-105
Washington Signed and dated by the principal, and either acknowledged before a notary public or other authorized person, or attested by two or more competent witnesses who are not the principal's home care or facility care providers and are unrelated to the principal or agent by blood, marriage or state registered domestic partnership Wash. Rev. Code § 11.125.050
West Virginia Signed by the principal (or by another person at the principal's direction in the principal's conscious presence) and acknowledged by the principal before a notary public or another authorized officer W. Va. Code § 39B-1-105

In Ohio and Wisconsin, a notary is not listed as a signing condition, but a signature is presumed to be genuine if the principal acknowledges it before a notary public or other authorized officer (Ohio Rev. Code Ann. § 1337.25; Wis. Stat. § 244.05).

The table lists only the places where our sources hold a signing rule for a financial power of attorney. For any place not listed, read its own power of attorney act or ask a lawyer before you sign.

Ways to Terminate a Power of Attorney

A general power of attorney ends when you die, when you revoke it, when its end date or ending event arrives, or when you become incapacitated if the document says so or the power is not durable. Ending a power of attorney can matter as much as creating one. The usual ways it ends are:

  • You die.
  • You revoke it in writing.
  • Its end date or ending event arrives.
  • You become incapacitated, if the document says so or the power is not durable.
  • Your agent dies, resigns or can no longer act, and no successor agent is named.
  • A divorce or legal separation is filed, when your spouse is the agent, in many states, unless the document says otherwise.

In Wisconsin, a power of attorney terminates when it provides that it terminates, when the principal becomes incapacitated if it so provides, when its purpose is accomplished, when the principal revokes it, or when the agent dies, becomes incapacitated or resigns and the document names no other agent (Wis. Stat. § 244.10).

An End Date or Ending Event in the Document

One way to end the power is to set a time limit in the original document. You can give both an effective date and an end date, and the power then ends on its own at the end of that period. You can also name an event that ends it, such as the sale of a property or the end of a trip.

Revoke It in Writing

You can also end a power of attorney yourself by revoking it in writing, for example with a POA revocation form. The termination section of our form includes a line for a signed written revocation. To make the revocation work in practice:

  • Sign a written revocation.
  • Give a copy to your agent and to every person or business that relied on the power.
  • Collect any copies of the old document.
  • If the power was recorded, record the revocation the same way.

Depending on the state, a person who acts in good faith without knowing the power ended is protected, so tell people in writing. It is good practice to have the revocation notarized, especially if the original was notarized.

Some states set the form of a revocation. In South Carolina, unless the power provides otherwise, a revocation must be executed in accordance with Sections 62-8-105 and 62-8-106, and if the power was recorded, the revocation must be recorded in the same county (S.C. Code Ann. § 62-8-110). In Indiana, except as otherwise stated in the power, a power may be revoked only by a written instrument that identifies the power revoked and is signed by the principal (Ind. Code § 30-5-10-1(a)).

In Wisconsin, termination of a power of attorney or of an agent's authority is not effective as to an agent or another person who, without actual knowledge of the termination, acts in good faith under it (Wis. Stat. § 244.10).

Divorce

In many states, if your spouse is your agent and a divorce or legal separation is filed, your spouse's authority as agent ends, unless the document says otherwise. The power of attorney itself does not necessarily end, so any other agent you named may still be able to act.

In Florida and Wisconsin, an agent's authority ends when an action is filed to dissolve or annul the agent's marriage to the principal or for their legal separation, unless the power of attorney provides otherwise (Fla. Stat. § 709.2109; Wis. Stat. § 244.10).

To make sure someone can always act for you, name a successor agent, and consider signing a new power of attorney that names a different agent.

Frequently Asked Questions

These answers cover common questions about starting, replacing and revoking a general power of attorney. Rules differ by state, so check your state page or ask a lawyer about your case.

Can I download a general power of attorney form for free?

Yes, the general power of attorney form on this page is free to download as an Adobe PDF or Microsoft Word document. You can also answer the questions in our document builder and print the finished form.

Does a general power of attorney have to be notarized?

It depends on where you sign: Iowa requires acknowledgment before a notary public or another officer authorized to take acknowledgments (Iowa Code § 633B.105). California accepts either a notary's acknowledgment or the signatures of at least two witnesses who meet Section 4122 (Cal. Prob. Code § 4121). The signing table above lists each rule with its section.

When does a general power of attorney take effect?

Depending on the state, it takes effect when you sign it, unless it names a later date or event. Our form gives you two choices:

  • It takes effect immediately.
  • It takes effect on a date you set.

A power that starts on a future event is called a springing power of attorney. In Florida, apart from the exceptions in subsection (2) and s. 709.2106(4), a power that says it takes effect at a future date or on a future event or contingency is ineffective (Fla. Stat. § 709.2108), so use the immediate choice there. In New York, if the power states that it takes effect on a date or contingency it specifies, it takes effect only when that date or contingency has occurred and the agent's signature has been acknowledged (N.Y. Gen. Oblig. Law § 5-1501b). If it names neither, it takes effect as to an agent on the date the agent's signature is acknowledged, or, if two or more agents are designated to act together, when all have signed with their signatures acknowledged (N.Y. Gen. Oblig. Law § 5-1501b).

Can my agent make medical decisions under this form?

No, this form covers financial matters only. Medical decisions are not part of this form. They need a separate document, such as a medical power of attorney.

Does signing a new power of attorney cancel an older one?

Depending on the state, no. In Wisconsin, a new power of attorney does not cancel an earlier one unless the new document says so (Wis. Stat. § 244.10). Iowa differs: except as section 633B.103 provides, signing a general or plenary power revokes all general or plenary powers you previously executed in Iowa, but not a power limited to a specific action or transaction that can still be performed and is not yet fully accomplished (Iowa Code § 633B.110). If you mean to replace a power, revoke the old one in writing and say so in the new document.

Does my agent have to agree before I name them?

In many states, an agent accepts the role by agreeing to it or by acting under the power. Some states ask more: in New York, any agent acting for you must sign and date the power with the signature acknowledged (N.Y. Gen. Oblig. Law § 5-1501b), and in Pennsylvania and Delaware the agent has no authority to act until the agent signs and attaches the form the section sets out (20 Pa.C.S. § 5601; 12 Del. C. § 49a-105). It is still best to talk to your agent before you sign and to check your state page in the State-specific Forms list for any extra rule.

What if someone relies on the power after I revoke it?

Depending on the state, a person who acts in good faith without knowing the power ended is protected. So tell your agent and everyone holding a copy, in writing. If you recorded the power, record the revocation too.

General information, not legal or tax advice.

Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.