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Can a notary notarize a power of attorney?

By Alam Lule, Texas Notary Public · Last updated

Yes. A Texas Notary Public can notarize the principal's signature on a power of attorney — the notary takes the acknowledgment, verifies identity and confirms the person is signing willingly. In fact, Texas requires a statutory durable power of attorney to be acknowledged before a notary.

What a notary who is not an attorney cannot do is prepare the power of attorney, pick which form you need, or explain what powers it grants. For that, consult a licensed Texas attorney.

What to bring

To make the appointment smooth, the principal (the person granting the powers) should bring:

  • The complete power of attorney, unsigned
  • A current government-issued photo ID
  • Any witnesses the document requires (some medical powers of attorney require witnesses)

The agent does not always need to be present

Usually only the principal signs and acknowledges the power of attorney. If the document also requires the agent's signature to be notarized, the agent must appear with ID as well.

Willingness and awareness

The notary speaks directly with the principal to confirm they know they are signing a power of attorney and are doing so voluntarily. If the principal cannot communicate or appears to be pressured, the notary must decline. The notary does not decide legal capacity.

Fee

An acknowledgment on a power of attorney is $10 for the first signature under the Texas fee schedule, plus any travel fee for a mobile visit agreed in advance.

Sources: Texas Secretary of State notary public guidance; Texas Government Code Chapter 406.

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Related questions

I am not a licensed attorney in Texas and cannot give legal advice. / No soy abogado licenciado en Texas y no puedo dar asesoría legal.