Accepted Pennsylvania · New Jersey · Maryland · statute facts checked October 2026
Does a power of attorney need to be notarized? Notary and witness rules in PA, NJ and MD
Short answer: in all three states, yes: a financial power of attorney has to be acknowledged, usually before a notary. The witness rules differ. Pennsylvania requires a notary and two adult witnesses (20 Pa.C.S. §5601(b)(3)); Maryland requires a notary and two or more adult witnesses, and the notary can be one of them (Est. & Trusts §17-110); New Jersey requires an acknowledgment before a notary, an attorney or certain other officers, and its power of attorney act adds no witness requirement (N.J.S.A. 46:2B-8.9).
A missing notary stamp or the wrong witness is one of the simplest reasons a bank can give for turning a power of attorney away, and one of the hardest to fix after a parent can no longer sign. Here are the rules side by side.
This covers financial powers of attorney. Health-care documents follow different rules. This is general information, not legal advice; the attorney preparing the document handles the signing.
Notary and witness rules side by side
| Pennsylvania | New Jersey | Maryland | |
|---|---|---|---|
| Notarized / acknowledged? | Yes: acknowledged before a notary or another person authorized to take acknowledgments (§5601(b)(3)(i)) | Yes: signed and acknowledged as set out in R.S. 46:14-2.1 (46:2B-8.9) | Yes: acknowledged in the physical or electronic presence of a notary (§17-110(a)(3)) |
| Who can take the acknowledgment | A notary or other authorized person, but not the agent; a member of the Pennsylvania bar may take it if they aren't one of the witnesses (§5601(b)(3)) | An attorney-at-law, a notary, a county clerk, a register of deeds or a surrogate, among others (46:14-6.1(a)) | A notary public (§17-110(a)(3)) |
| Witnesses | Two, each 18 or older (§5601(b)(3)(ii)) | The power of attorney act adds none | Two or more adults (§17-110(a)(4)) |
| Who can't be a witness | The agent, the notary, or a person who signed for the principal (§5601(b)(3)(ii)) | Not applicable | The notary may be one of the witnesses (§17-110(b)) |
| Remote options | Not covered here; ask the attorney | The signer may appear before the officer using communication technology (46:14-2.1(a)) | Electronic or remote witnessing has its own conditions, including a supervising attorney (§17-110(c), (d)) |
| Which documents | Signed on or after January 1, 2015 | Durable powers of attorney under the 2000 act | Signed on or after October 1, 2010 |
Some kinds of documents are exempt from parts of these rules. If a parent signed somewhere else, ask the attorney whether that state's rules apply.
Common signing mistakes that cause problems later
- The agent as a witness, or in Pennsylvania, as the notary. Pennsylvania bars both (§5601(b)(3)).
- Only one witness in Pennsylvania or Maryland.
- No notary at all, for example a document signed at the kitchen table and never acknowledged.
- Pennsylvania's signed notice missing. Pennsylvania powers of attorney must start with a statutory notice that the principal signs (§5601(c)).
- The parent's ability to sign in doubt on the day. That's a question for the doctor and the attorney before the appointment, not at the bank afterward.
Full state checklists: Pennsylvania · New Jersey · Maryland. Our guide to a power of attorney for an elderly parent covers the whole process.
Questions to bring to the signing appointment
- Who will serve as the notary and the witnesses, and does anyone have a conflict (the agent, a family member)?
- Will the signing be in person or remote, and does our state allow that for this document?
- How many originals will be signed, and who keeps them?
- Should the agent sign anything at the same time?
Free: the bank-ready POA checklist
What to gather and note before you present a power of attorney, with signing rules for PA, NJ and MD, plus a log for every institution.
Common questions
Does a power of attorney need to be notarized?
In Pennsylvania, New Jersey and Maryland, yes. A financial power of attorney must be acknowledged, usually before a notary: Pennsylvania under 20 Pa.C.S. §5601(b)(3)(i), New Jersey under N.J.S.A. 46:2B-8.9 (acknowledgment under R.S. 46:14-2.1), and Maryland under Est. & Trusts §17-110(a)(3).
Does a power of attorney need to be witnessed?
In Pennsylvania, yes: two witnesses age 18 or older, who can't be the agent or the notary (§5601(b)(3)(ii)). In Maryland, two or more adult witnesses, and the notary may be one of them (§17-110). New Jersey's power of attorney act adds no witness requirement.
Can the agent be a witness or notary for a power of attorney?
Not in Pennsylvania: the notary can't be the agent, and a witness can't be the agent or the notary (20 Pa.C.S. §5601(b)(3)). Ask the attorney preparing the document about New Jersey and Maryland.
Can a lawyer notarize a power of attorney?
In New Jersey, an attorney-at-law is one of the officers who can take acknowledgments (N.J.S.A. 46:14-6.1(a)). In Pennsylvania, a member of the Pennsylvania bar may take the acknowledgment, as long as they aren't one of the two witnesses (§5601(b)(3)).
Can a power of attorney be notarized remotely?
New Jersey lets the signer appear before the officer using communication technology (N.J.S.A. 46:14-2.1(a)). Maryland allows acknowledgment in a notary's electronic presence, and electronic or remote witnessing has its own conditions, including a supervising attorney (§17-110). Ask the attorney whether remote signing fits your situation.
Sources: 20 Pa.C.S. §5601(b), (c); N.J.S.A. 46:2B-8.9, 46:14-2.1, 46:14-6.1; Md. Code, Est. & Trusts §17-110, official texts (Pennsylvania General Assembly and Maryland General Assembly, checked October 16, 2026; New Jersey Legislature, updated through P.L.2026, c.30, checked October 14, 2026).