Notarize power of attorney online: how it works and when a recipient can refuse it

A power of attorney (POA) is a document in which one person, the principal, gives another person, the agent, authority to act on their behalf. It can be broad, covering most financial matters, or limited to a single transaction, such as selling one property or signing one set of loan documents.

Most states do not require notarization for every POA to be valid between the principal and the agent. In practice, almost every POA used in business is notarized anyway, for two reasons:

• Many states have adopted the Uniform Power of Attorney Act, under which a signature acknowledged before a notary is presumed to be genuine. That presumption is what makes banks and other third parties comfortable accepting the document.
• A POA used to transfer real estate usually has to be recorded with the deed, and county recorders generally require recorded documents to be acknowledged.

In other words, notarization is what turns a POA from a private agreement into a document other people will act on.

The notarial act for a POA is almost always an acknowledgment: the principal confirms to the notary that they signed the document willingly. In a remote online notarization, that happens on live video.

1. 1 The sender uploads the POA and marks where the principal signs, where witnesses sign if required, and where the notary completes the certificate.
2. 2 The principal receives a secure link. No app or account is needed.
3. 3 The principal passes identity checks: credential analysis of a government-issued photo ID, knowledge-based questions and a liveness selfie.
4. 4 A commissioned notary joins the video, compares the principal with the ID and asks whether they understand the document and sign it of their own free will.
5. 5 The principal signs electronically. Witnesses, if required, sign in the same session.
6. 6 The notary completes the acknowledgment certificate and applies the digital seal and digital certificate.

The sealed POA and the audit trail are then stored in the sender's workspace, ready to be shared with the agent and the recipient.

Some states require witnesses on a power of attorney in addition to the notary. Florida, for example, requires two subscribing witnesses on a durable power of attorney. Other states require witnesses only for certain types of POA, such as a health care power of attorney, or not at all.

Remote witnesses can usually join the same audio-video session, but the rules depend on the state whose law governs the POA and on the notary's commissioning state. Before the session, check:

• which state's law the POA is drafted under,
• whether that state requires witnesses and whether they may attend remotely,
• whether the witnesses must be disinterested, meaning not the agent or a relative of the principal.

A correctly notarized POA can still be refused. The most common reasons are practical rather than legal.

• The bank prefers its own form. Many banks ask principals to sign the bank's POA form. Under the Uniform Power of Attorney Act, a third party generally cannot refuse an acknowledged POA just because it is not on its own form, but it may ask for an agent's certification, an English translation or an opinion of counsel before accepting it.
• The recorder does not accept electronic records. A POA that has to be recorded with a deed goes to a county recorder. Many recorders accept electronic documents through e-recording, and many states require recorders to accept a paper copy of an electronic record certified by the notary. Some counties still have their own practices, so ask first.
• The POA is old or unclear. Recipients are more cautious with POAs signed many years ago or with broad language when the transaction is specific.
• The document is going abroad. A foreign bank or authority may need an apostille on top of the notarization. See our guide on online notary and apostille.
• A health care POA follows different rules. Hospitals and health care providers work with health care directives under separate state statutes, which often have their own witness requirements.

• Confirm which state's law the POA is drafted under and whether it needs witnesses.
• Ask the recipient (the bank, the title company, the county recorder) whether it accepts a remotely notarized POA and in which format.
• Make sure the principal has a valid government-issued photo ID.
• If the POA will be recorded, check the recorder's requirements for margins, page size and certification.
• If it will be used abroad, check whether the destination country is a member of the Hague Apostille Convention.

Law firms and title companies rarely notarize one POA a year. When your team sends them every week, a monthly plan with sessions included is simpler than paying per notarization, and a saved template means the fields are always in the right place. Every sealed POA comes with the same audit trail, so when an agent's authority is questioned months later, you can show exactly how the principal was identified and when they signed.

Read more about notary services for business and notary & title services, or see the steps on how to notarize documents online.