Page Summary
- To get a power of attorney notarized, the principal appears in person before a notary with acceptable ID, confirms they are signing willingly, and signs. The notary then completes an acknowledgment and applies the seal.
- In Tennessee, a health care power of attorney or advance directive can be either notarized or signed before two qualified witnesses (T.C.A. §§ 34-6-203, 68-11-1803).
- Financial powers of attorney are routinely notarized, and one used for real estate generally must be acknowledged so it can be recorded with the county register of deeds.
- Karen McCormick of Priority Mobile Notary Services notarizes powers of attorney at homes, hospitals and care facilities around Chattanooga. Call (423) 401-8316.
To get a power of attorney notarized, the principal (the person granting authority) appears in person before a notary, presents acceptable ID, confirms they are signing willingly, and signs. The notary then completes the certificate, usually an acknowledgment, and applies their seal. In Tennessee, some powers of attorney can use two qualified witnesses instead of a notary, so it pays to know which type you have. Here is the process step by step.
What a Power of Attorney Does
A power of attorney (POA) is a legal document that lets another person act on your behalf. You are the principal, and the person you appoint is the agent, also called the attorney-in-fact. A general POA gives broad authority over financial and legal matters. A limited POA covers specific tasks, such as selling one property. A durable POA stays in effect if you become incapacitated. A health care POA covers medical decisions. Our guide to durable vs. medical power of attorney explains the differences in more detail.
Tennessee Rules by Type of POA
This is general information, not legal advice. An attorney can tell you which document fits your situation.
| Type | How it is executed in Tennessee |
|---|---|
| Durable power of attorney for health care | Valid when the principal’s signature is either notarized or witnessed by two witnesses (T.C.A. § 34-6-203). Witnesses must be competent adults who are not the agent. At least one must be unrelated to the principal by blood, marriage or adoption and not entitled to any part of the principal’s estate. |
| Advance directive for health care | Also either notarized or signed before two qualified witnesses (T.C.A. § 68-11-1803). |
| Financial (durable) power of attorney | Banks and other institutions routinely expect notarization. If the agent will sign real estate documents, the POA generally must be recorded with the county register of deeds, and recording requires an acknowledged signature or proof by two subscribing witnesses (T.C.A. § 66-22-101). |
Step by Step: Getting Your POA Notarized
Step 1: Get the right, complete document
Use the final version, not a draft, with every page included. An attorney is the right person to advise on which form and powers you need. A notary cannot choose or explain the document for you. Fill in every applicable blank before the appointment, but leave the signature line alone for now.
Step 2: Decide between a notary and witnesses
For a health care POA or advance directive, Tennessee lets you use a notary or two qualified witnesses. If you use witnesses, the agent can’t be one of them, and at least one must be unrelated and not an heir. For more help, see do you need witnesses in addition to a notary?
Step 3: Check the principal’s ID
In Tennessee, a Tennessee driver license or ID card, or a U.S. passport, qualifies if it is current or was issued within the past five years. Out-of-state licenses, military IDs and foreign passports can qualify under added conditions. Many notaries and banks prefer an unexpired ID, so bring one if you can, and make sure the name reasonably matches the POA. The Tennessee acceptable ID guide covers every option.
Step 4: Book a notary
Banks, shipping stores and other offices often have a notary on site, but you have to go to them. A mobile notary comes to the principal instead. That matters when the principal is elderly, recovering or in a care facility. Priority Mobile Notary Services handles power of attorney notarizations at homes, workplaces, hospitals and assisted living facilities.
Step 5: At the appointment
- The notary checks the principal’s ID and compares the name to the document.
- The notary confirms the principal understands the document and is signing willingly, without pressure from anyone in the room.
- The principal signs, along with any witnesses if you are using the witness route.
- The notary completes the certificate, usually an acknowledgment, signs it and applies the official seal, and records the act.
The notary won’t give legal advice, explain what the powers mean, or judge whether the POA is a good idea. Those questions belong with an attorney.
Step 6: After the signing
Keep the original somewhere safe. Give copies to your agent and to any bank or provider that will rely on it. If the agent will handle real estate, ask about recording the POA with the county register of deeds.
What the Notary Certificate Says
Most powers of attorney use Tennessee’s acknowledgment form (T.C.A. § 66-22-114). It states that the principal personally appeared before the notary and acknowledged executing the document for the purposes it contains. The form also has optional wording for later use. When your agent signs documents on your behalf, such as a deed, the certificate can record that the agent acknowledged signing as your attorney-in-fact. The notary’s seal and commission expiration date complete the certificate.
When the Principal Is in a Hospital or Care Facility
Many powers of attorney are signed in a hurry, after a fall or a diagnosis. The principal must personally appear and sign. The agent cannot sign for them, however urgent the situation feels to the family. The notary also needs to see that the principal understands what they are signing and is doing it willingly. If the principal is heavily sedated or confused, the notary must decline, and an attorney can discuss other options such as a conservatorship. Before a bedside visit, read notarizing for someone with dementia.
Service members preparing to deploy have another option, a military power of attorney that federal law requires every state to honor.
Can a POA Be Notarized Remotely?
Tennessee authorizes remote online notarization by commissioned online notaries, so remote notarization is legally possible. Whether a bank, agency or other state will accept an electronically notarized POA is up to them, so ask first. The Tennessee RON guide explains how it works.
Plans change, and if you later need to cancel the document, our guide on how to revoke a power of attorney in Tennessee covers written revocations, notifying banks and recording.
Common Mistakes to Avoid
- The agent signs instead of the principal. The principal grants the authority, so the principal signs.
- Bringing a draft or missing pages. Bring the final, complete version.
- Using the wrong witnesses. The agent can’t serve as a witness, and at least one witness must be unrelated and not an heir.
- Signing early against instructions. If the form or the bank says to sign before the notary, wait.
- ID surprises. Check the principal’s ID when you book, not on the day of the appointment.
Frequently Asked Questions
Does a power of attorney have to be notarized in Tennessee?
It depends on the type. A health care power of attorney or advance directive can be either notarized or signed before two qualified witnesses. Financial powers of attorney are routinely notarized, and one used for real estate generally must be acknowledged so it can be recorded. An attorney can confirm what your document needs.
Does the agent need to be at the signing?
Usually not. The principal is the person who signs and must appear before the notary. Some forms include a separate section for the agent, so check your document or ask the person who prepared it.
If my health care power of attorney is notarized, do I also need witnesses?
Under T.C.A. § 34-6-203, a health care power of attorney is valid if the principal’s signature is either notarized or witnessed by two qualified witnesses. The notary route does not also require witnesses, but follow any instructions printed on your form.
Can I sign the power of attorney before the notary arrives?
Most powers of attorney use an acknowledgment, which certifies that you appeared and declared the signature is yours. Even so, the safest approach is to wait and sign at the appointment, especially if the form or the receiving bank says to sign in the notary’s presence.
Can a mobile notary come to a hospital to notarize a power of attorney?
Yes. Karen travels to hospitals and assisted living facilities. The principal must have acceptable ID and must be alert enough to understand the document and sign willingly.
Ready to sign a power of attorney? Call Karen at (423) 401-8316 or book through the contact page. She travels to homes, hospitals and assisted living facilities around Chattanooga and Hixson.
Priority Mobile Notary Services
Karen McCormick is a Tennessee Notary Public, bonded and insured through the National Notary Association, serving Hixson, Chattanooga and the surrounding communities. This page is general information, not legal advice. Call (423) 401-8316 or email prioritymobilenotaryservices@gmail.com.
