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Durable (Financial) Power of Attorney Form

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Durable (Financial) Power of Attorney Form
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Updated April 18, 2024

A durable power of attorney (DPOA) form allows an individual (principal) to select someone else (agent) to handle their financial affairs while they are alive. The term “durable” refers to the form remaining valid even if the principal becomes incapacitated.

Definition of “Durable”

Durable,” with respect to a power of attorney, means not terminated by the
principal’s incapacity.[1]

By State

Table of Contents

How to Get Durable Power of Attorney (5 steps)

1. Download the Statutory Form

Use the statutory form as required by the State where the principal resides. If unsure, use the jurisdiction mentioned on the driver’s license fo the principal.

2. Select the Financial Powers

The principal must choose which financial powers the agent will have. It is most common to give all powers to the agent.

3. Effective Immediately or Upon Disability

The principal will have to decide if the form will be effective immediately or if it will be effective upon the principal’s disability (springing).

Disability is determined under State law and is commonly decided by a licensed physician.

4. Signing the Power of Attorney

A durable power of attorney must be executed with the signing requirements in the State where the principal resides.

5. Storing the Form

After the form has been legally authorized, the principal should keep it in a safe place, with more than one person knowing its location. It is recommended that the principal, the agent, and the principal’s attorney have a signed copy.

Signing Requirements (By State)

State Signing Requirements Statutes
Alabama Notary Public § 26-1A-105
Alaska Notary Public AS 13.26.600(2)
Arizona Notary Public and 1 Witness ARS § 14-5501
Arkansas Notary Public § 28-68-105
California Notary Public or 2 Witnesses § 4402(c)
Colorado Notary Public § 15-14-705
Connecticut Notary Public and 2 Witnesses § 1-350d
Delaware Notary Public and 1 Witness § 49A-105
District of Columbia Notary Public § 21–2601.05
Florida Notary Public and 2 Witnesses § 709.2105
Georgia Notary Public and 1 Witness § 10-6B-5
Hawaii Notary Public § 551E-3
Idaho Notary Public § 15-12-105
Illinois Notary Public and 1 Witness § 755 ILCS 45/3-3
Indiana Notary Public or 2 Witnesses IC 30-5-4-1
Iowa Notary Public § 633B.105
Kansas Notary Public § 58-652(3)
Kentucky Notary Public § 457.050
Louisiana No Statute
Maine Notary Public § 5-905(1)
Maryland Notary Public and 2 Witnesses § 17–110
Massachusetts 2 Witnesses § 5-103
Michigan Notary Public or 2 Witnesses § 700-5501(2)
Minnesota Notary Public § 523.01
Mississippi Notary Public § 87-3-105
Missouri Notary Public § 404.705(3)
Montana Notary Public § 72-31-305
Nebraska Notary Public § 30-4005
Nevada Notary Public § 162A.220(1)
New Hampshire Notary Public § 564-E:105
New Jersey Notary Public § 46:2B-8.9
New Mexico Notary Public § 45-5B-105
New York Notary Public and 2 Witnesses § 5-1501B
North Carolina Notary Public § 32C-1-105
North Dakota No Statute
Ohio Notary Public § 1337.25
Oklahoma Notary Public § 3005
Oregon No Statute
Pennsylvania Notary Public and 2 Witnesses § 5601(b)(3)
Rhode Island Notary Public § 18-16-2
South Carolina Notary Public and 2 Witnesses § 62-8-105
South Dakota Notary Public § 59-12-4
Tennessee No Statute
Texas Notary Public § 751.0021
Utah Notary Public § 75-9-105
Vermont Notary Public 14 V.S.A. § 4005
Virginia Notary Public § 64.2-1603
Washington Notary Public or 2 Witnesses § 11.125.050
West Virginia Notary Public § 39B-1-105
Wisconsin Notary Public § 244.05
Wyoming Notary Public § 3-9-105

Sources

  1. Uniform Power of Attorney Act – Section 102(2) (page 12)
  2. 2018 Merrill Report – Leaving a Legacy: A lasting gift to loved ones (page 20)
  3. NIH.gov – 2001 to 2003 Study (One in Seven Americans Age 71 and Older Has Some Type of Dementia)
  4. 2018 Merrill Report – Leaving a Legacy: A lasting gift to loved ones (page 14)
  5. 2022 Cambridge Trust – Bridging the Gap: The Importance of Estate Planning Through Generations