How much does a power of attorney cost?
How much does a power of attorney cost?
$200 – $600 average cost with a lawyer
$35 – $50 average DIY cost
Power of attorney cost
Creating a power of attorney costs $200 to $600 on average with an attorney or $35 to $50 on your own. A power of attorney, or POA, is a legal form that gives one person the right to act on behalf of another. This authority can be for special medical or financial decisions.
| Fee type | Average cost |
|---|---|
| With a lawyer | $200 – $600 |
| DIY | $35 – $50 |
Power of attorney lawyer cost
Creating a power of attorney with a lawyer costs $200 to $600 on average, and many charge a flat fee. Estate lawyers charge $200 to $400 per hour, and probate lawyers charge $100 to $500 per hour. Both have related experience and can help you draft a POA.
Hiring a lawyer to create a power of attorney is not always necessary but can help you make sure your POA is done properly and includes everything you need.
DIY power of attorney cost
Creating a POA on your own costs $35 to $50 on average using templates available online. Keep in mind that creating a POA yourself can be confusing. Without qualified help, you may make mistakes or miss out on helpful information that could change the way you form your POA.
What is power of attorney?
A power of attorney (POA) is a legal document that lets a person give someone else the power to make important decisions for them. Most people use this power to manage real estate, other property, or financial affairs on someone's behalf when they're no longer capable.
Some people use a POA temporarily due to illness or traveling, while other POAs are long-term due to aging or a severe brain injury. The person creating a POA is the principal. The person given power is the agent.
Power of attorney types
There are several different kinds of POA, each with its own strengths and weaknesses. The kind of power of attorney you choose will depend on your situation and your reason for getting one:
Durable
A durable POA becomes effective the moment you sign it and does not expire, even if you're incapacitated. This is useful for individuals whose health or mental state is declining and they want a family member or trusted friend to be able to take care of them.
Non-durable
A non-durable power of attorney is only effective for a certain period of time. You can set the expiration for when certain conditions are met, like when you expect to come back from traveling or a military deployment, your death, or whenever you decide to revoke the POA.
Springing
A springing POA is only effective when you're incapacitated. This is useful for people who do not anticipate needing an agent anytime soon but want to be prepared in the event of a sudden accident, brain injury, coma, or illness.
Special or limited
A special or limited POA only gives the agent the power to complete a certain task and ends as soon as they complete the task. This could be as simple as cashing a check or as important as signing a document for a real estate transaction.
Power of attorney price factors
These factors may affect the overall cost of getting a power of attorney document:
Experience level: Experienced professionals and attorneys tend to charge more than paralegals or online services. However, they have more knowledge and are less likely to make mistakes.
Location: Lawyers' rates are usually more expensive in high-population states like California than in rural or less-populated areas.
Scope of authority: There are three sub-types of POA that deal with the power the agent has rather than when it goes into effect:
A general POA gives broad authority over anything and everything you would normally have control over.
A medical POA only has the power to make medical decisions, including approving or denying surgeries or releasing medical records.
A financial POA only has the power to make financial decisions, including buying or selling property, opening bank accounts, and managing finances.
How do you get power of attorney?
You can get a power of attorney by following these steps:
Choose an agent: This could be a family member, trusted friend, or business associate. Make sure they're a neutral party familiar with your affairs and capable of handling important decisions.
Discuss expectations: Have a talk with your agent to make sure they're available and willing to take charge. Discuss any and all responsibilities they'd have to take on and ask for their consent.
Pick your POA type: Make sure you understand the differences between durable, non-durable, springing, and limited POAs. Choose the one best suited to your needs.
Draft the POA: Either hire a lawyer or use an online form to complete your paperwork.
Execute: Both parties should sign the document, showing you both consent. Some states require that you sign a POA in front of witnesses or a notary public, or it's not valid. The table below shows the requirements for each state:
| Requirements | State |
|---|---|
| Only 1 witness | Utah |
| Only a notary | Colorado, New Mexico |
| 1 witness and a notary | Maryland |
| 2 witnesses and a notary | Florida, Iowa, Kansas, Kentucky, North Carolina |
| 2 witnesses or a notary | Alaska, Arizona, Arkansas, California, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Minnesota, Mississippi, Nebraska, New Hampshire, New Jersey, North Dakota, Ohio, Rhode Island, Tennessee, Texas, Wyoming |
| At least 2 witnesses | Alabama, Connecticut, Delaware, D.C., Georgia, Indiana, Louisiana, Maine, Massachusetts, Michigan, Missouri, Montana, Nevada, New York, Oregon, Oklahoma, Pennsylvania, South Carolina, South Dakota, Vermont, Virginia, Washington, West Virginia, Wisconsin |
Contents of a POA
Your POA must have the following details in it to be considered valid. If you're concerned about the cost of hiring a lawyer to draft it, many firms will review your POA for a low flat rate to make sure there are no errors.
The date you sign it and the date it goes into effect, if applicable
The type of POA (durable, springing, etc.)
The names of the principal and agent
Specific powers the agent will have
If or when the powers will be revoked
Agreement for compensation, if applicable
Signatures of both parties
Notarization or witnesses as required by your state
A notary public costs just $1 to $15 in most cases.
Limitations and risks
Your agent may have complete decision-making authority over the affairs you include in your POA, but they still need to act in your best interest. For example, your agent cannot:
Write or change your will
Take funds from your bank account without your consent
Transfer the POA to someone else without your consent
Make decisions after you die (unless it's in your will)
However, there are some instances where an agent could take advantage of you or make the wrong choices on your behalf. You can minimize risks by choosing someone who has consistently demonstrated trustworthiness and by creating a POA with certain safeguards:
Name multiple agents.
Name a replacement agent in case the initial agent dies or can't perform their responsibilities for another reason.
Require your agent to approve any financial decisions with a probate attorney or accountant.
Power of attorney FAQs
Who can override a power of attorney?
The people who can override a power of attorney are you (the principal), a legal guardian, or the court. A family member or friend can petition a local court to appoint a legal guardian or revoke the POA if the agent is not acting in your best interest.
Who might need a power of attorney?
People use a power of attorney for many different reasons. If you can't act on your own behalf now or in the future, you need to appoint an agent to act for you. Some examples of people who may need a power of attorney include:
Older adults who need help handling medical and financial choices
Military personnel when they're deployed
An incarcerated person who needs help handling finances, like accessing a bank account to pay for an attorney
A person who wants to make sure they're covered if they're in an accident or fall ill suddenly someday
Is power of attorney the same as a patient representative or DNR?
Power of attorney is not the same thing as a patient representative or DNR, but they do overlap. A medical POA gives the agent the power to make medical decisions on behalf of the principal, like approving surgeries or interventions.
A Do Not Resuscitate (DNR) order is a document that instructs doctors not to perform CPR if a patient stops breathing or their heart stops beating.
A patient representative has the legal authority to make medical choices for a patient, like a medical POA, but can also handle their affairs if the patient dies.
Choosing a lawyer to create a power of attorney
When choosing a lawyer while drafting a POA, follow these steps:
Get 3+ quotes from different firms to compare.
Read past reviews on Lawful and Google.
Pick an attorney with experience and a good reputation.
Choose someone that makes you feel comfortable and respected.
Get a written contract before they start drafting.
Questions to ask lawyers
Ask the following important questions when looking for a reliable lawyer to help you draft a power of attorney document:
What experience or qualifications do you have?
Do you ever give free consultations?
Do you charge an hourly or flat rate for POAs?
How long does this usually take you?
How many witnesses will I need?
Will I need to have this notarized?
Will you handle finding a notary public?
Which type of POA do you recommend for this case?
Can you give me a contract in writing?
Using our proprietary cost database, in-depth research, and collaboration with industry experts, we deliver accurate, up-to-date pricing and insights you can trust, every time.