How To Get Power of Attorney: Complete Step-by-Step Guide

Whether you're preparing for the future or managing a loved one’s care, a Power of Attorney (POA) can be an essential part of your estate plan. It gives someone you trust the legal authority to act on your behalf, allowing them to make important decisions if you're ever unable to. In this step-by-step guide, we’ll walk you through exactly how to get a Power of Attorney, so you can take this important step with clarity and confidence.

How to Get Power of Attorney

Creating a Power of Attorney might sound complicated, but the process is more approachable than you think:

Step 1: Determine the Type of POA You Need

Choosing the right type of Power of Attorney depends on the decisions you want your agent to make on your behalf. There are a few key options to consider:

• Medical Power of Attorney: Grants someone the authority to make healthcare decisions for you if you’re unable to communicate or make them yourself.

• Financial Power of Attorney: Allows someone to manage your finances—like paying bills, accessing accounts, or handling real estate—on your behalf.

• Durable vs. Non-Durable POA Explained: A durable POA stays in effect even if you become incapacitated or unable to make decisions (for example, falling into a coma). Many people include a durable POA when estate planning. Non-durable POA ends if you’re no longer able to make decisions for yourself. A non-durable POA is better used in short-term situations, like before a remote trip. 

Step 2: Choose Your Agent Wisely

Your agent, also known as your attorney-in-fact, will have the legal authority to make decisions on your behalf—so it’s essential to choose someone you trust completely. Look for someone who’s responsible, organized, and willing to act in your best interest. This could be a family member, close friend, or even a professional. Just make sure they understand the role and are comfortable taking it on.

Step 3: Complete the Power of Attorney Form

Once you’ve chosen your agent, the next step is to fill out your Power of Attorney form. This legal document outlines the type of authority you’re granting, who your agent is, and any specific instructions or limits you want to include. Be sure to use a form that complies with your state’s laws as some states have their own notary or format requirements.  

Step 4: Sign and Notarize the POA Document

To make your Power of Attorney official, you’ll need to sign the document and in most cases, have it notarized. Some states may also require witnesses. These steps help ensure your POA is legally valid and can be accepted by medical providers, financial institutions, and others. Check your state’s specific requirements to avoid any issues down the line.

Step 5: Store the POA Forms Safely and Provide Copies

After your POA is signed and notarized, keep the original document in a safe, accessible place. It’s also important to give copies to your agent and any relevant institutions, like your doctor, attorney, or bank. This ensures the right people have access when it matters most. Consider storing a digital copy in a secure location for added peace of mind. 

How do you get Power of Attorney for someone else?

To get Power of Attorney for someone else, that person must willingly grant it to you while they’re still mentally competent. You can’t create or sign a POA on their behalf. They must follow the above steps, abiding by their state’s legal requirements, to set up a Power of Attorney. 

How to Become a POA: Roles and Responsibilities

Becoming someone’s Power of Attorney means you’ve been legally chosen to act on their behalf. Your role will depend on the type of POA—medical, financial, or both—but in every case, you’re expected to act in the person’s best interest. Here are a few examples of POA responsibilities:

• Pay bills 

• Manage investments

• Sign legal documents

• Approve medical treatments

• Access medical records

The exact responsibilities will depend on what’s outlined in the document. It’s a position that comes with trust, responsibility, and the need for clear communication. If you’ve been named as a POA, make sure you understand the scope of your authority and the wishes of the person who appointed you.

Legal Requirements for Obtaining Power of Attorney

Getting Power of Attorney is more than just filling out a form, it’s a legal process with specific requirements to ensure it’s valid and enforceable. First, the person granting Power of Attorney (known as the principal) must be at least 18 years old and mentally capable of making the decision. They need to understand what the document means and willingly agree to it. The POA form must clearly name the agent and outline what authority they’ll have. Depending on your state, the document may need to be signed in front of a notary or witnessed by one or more people. These steps help protect everyone involved and ensure the POA holds up if it ever needs to be used.

Conclusion

Setting up a Power of Attorney is one of the most important steps you can take to plan for the unexpected. It ensures that someone you trust is legally empowered to make decisions on your behalf, giving you and your loved ones clarity and confidence when it matters most. While learning how to set up Power of Attorney can seem complicated, breaking it into simple steps makes it easier to navigate. 

If you're ready to take the next step, Trust & Will can help. Our online platform makes it simple to create your POA and other essential estate planning documents—all tailored to your state’s laws. Start your plan today and gain peace of mind for whatever lies ahead.

FAQs: 

Does power of attorney need to be updated?

Yes, Power of Attorney documents should be reviewed and updated as your life or preferences change. While a POA doesn’t expire on its own, it may become outdated or ineffective if:

• Your agent can no longer serve (due to illness, death, or a change in relationship)

• You move to a different state (laws vary and may require a new document)

• You want to change or limit your agent’s authority

• Your financial or medical circumstances have significantly changed

Reviewing your POA every few years, or after any major life event, helps ensure it still reflects your wishes and meets legal requirements. 

Can I get POA without a lawyer?

Yes, you can get Power of Attorney without a lawyer as long as you follow your state’s legal requirements. With a trusted online platform like Trust & Will, you can create a legally valid POA by answering a few straightforward questions. We guide you through the process and ensure your document meets your state’s requirements.

That said, if your situation is complex—such as managing a business or dealing with out-of-state property—you might choose to consult an attorney for added guidance. For most people, though, setting up POA through a secure, expert-designed service like Trust & Will offers a clear, affordable path to peace of mind.

How long does it take to get POA?

Getting Power of Attorney can often be completed in just a few hours or within a couple of days, depending on your circumstances. If you use an online platform like Trust & Will, the process is typically straightforward and efficient. You’ll start by filling out a customized POA document, which usually takes less than an hour. Once completed, you’ll need to review it for accuracy and finalize it by signing and, in most states, having it notarized. The timeline largely depends on how quickly you can complete the form and access a notary or required witnesses. Once signed, your POA becomes legally valid and ready to use.

Can a POA be revoked?

Yes, a Power of Attorney can be revoked at any time, as long as the person who created it (the principal) is mentally competent. To revoke a POA, the principal simply needs to complete a revocation form and notify the agent and any institutions or individuals who may have relied on the original document. It’s also a good idea to destroy any physical copies of the old POA to avoid confusion.

Whether you're updating your estate plan or changing who you trust to act on your behalf, revoking a POA is a straightforward way to ensure your wishes stay current and clearly documented.

Trust & Will makes estate planning simple so you can create a customized, state-specific plan from the comfort of your own home. Take our free quiz to discover which estate plan best fits your needs today, to secure your family’s future.

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Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.