A medical power of attorney, health care proxy, or similar healthcare decision document may use a notary, witnesses, or both. Send the complete unsigned form for review before an eligible remote session.
Published and reviewed by iRemoteNotary
Last reviewed October 10, 2026
Medical powers of attorney, health care powers of attorney, and similar healthcare decision documents may use a notary, witnesses, or both depending on the governing state and the exact form. Current state examples include a notary-option path, a notary-plus-witness path, and a witness-only path.
If you already have the final healthcare document and it contains a notarial section, send the complete unsigned form to iRemoteNotary for review before scheduling an eligible remote online notarization. A HIPAA authorization is a separate information permission. Federal HIPAA itself does not require that authorization to be notarized.
The principal is the person who grants healthcare authority. When the form uses a notarial path, that principal is ordinarily the signer whose signature receives the notarial act. The named healthcare agent does not automatically have to attend only because the agent is named.
Healthcare decision authority and HIPAA information permission are different jobs. A proxy, medical power of attorney, or health care surrogate names who may make healthcare decisions. A HIPAA authorization permits specified uses or disclosures of protected health information. Send the form you were given rather than choosing a category from the title alone.
Start with the document in front of you. These are common healthcare and related instruments. A notarial path is possible for several of them. It is not automatic for every title.
| Document | What it does | Who commonly signs | Possible execution method |
|---|---|---|---|
| Medical power of attorney | Appoints an agent for healthcare decisions under the form and governing law | Principal granting the authority | Some current forms use witnesses or a notary acknowledgment |
| Health care power of attorney | Appoints a healthcare agent; the statutory title varies by state | Principal | Current examples include witness or notary, and witnesses plus a notary |
| Health care proxy | Everyday label for naming a healthcare decision-maker | Principal | Follow the form’s witness block, notarial certificate, or both |
| Combined advance directive and healthcare POA | May state treatment wishes and name an agent in one packet | Principal | Use the execution block printed on that packet |
| Living will or advance directive | Often records treatment preferences | Principal | May use witnesses, a notary, or both, depending on that form |
| Durable power of attorney that includes healthcare authority | May combine financial powers with healthcare decision authority | Principal | Review every signature, witness, and notarial block in the instrument |
| HIPAA authorization | Permits specified uses or disclosures of protected health information | The individual, as the authorization requires | Federal HIPAA itself does not require notarization or a witness |
| Financial power of attorney | Authorizes property or money tasks; it is not a healthcare appointment | Principal | Often has its own notarial path; it does not replace a healthcare form |
Send the complete unsigned form for review before scheduling an eligible remote session.
These are verified examples, not a 50-state classification. Document title alone does not tell you which execution method applies. The governing state and the exact form matter.
Texas Health and Safety Code § 166.154 says a medical power of attorney must be signed in the presence of two qualified witnesses, or, in lieu of those witnesses, signed and acknowledged before a notary public. The Texas Health and Human Services medical power of attorney form, effective May 2024, uses the same choice: acknowledgment before a notary, or two competent adult witnesses.
Arizona Revised Statutes § 36-3221 says a health care power of attorney is notarized or witnessed in writing by at least one adult, with stated limits on who may serve as that notary or witness. The Arizona Attorney General Health Care Power of Attorney form updated August 2025 tells the signer to use a witness or a notary, and not both.
North Carolina General Statutes § 32A-16 defines a health care power of attorney as a written instrument that is signed in the presence of two qualified witnesses and acknowledged before a notary public. That definition describes witnesses and a notarial acknowledgment together.
Florida Statutes § 765.202 (2026) says a written designation of a health care surrogate is signed by the principal in the presence of two subscribing adult witnesses. The designated surrogate may not act as a witness, and at least one witness must be neither the principal’s spouse nor a blood relative. That section does not impose a notary as the statutory execution path. Florida is an execution-pattern contrast on this national page, not a Florida-only service limit. For Florida statutory detail, use the Florida health care surrogate guide.
This table shows examples of different execution models. It records what the cited statute or official form says. It is not a 50-state map, and it does not mean remote online notarization is accepted for every form listed.
| State | Healthcare document example | Execution pattern | Notary role | Witness role | Official source |
|---|---|---|---|---|---|
| Texas | Medical power of attorney | Witnesses or notary | Acknowledgment before a notary may be used instead of the two witnesses | Two qualified witnesses if the notary path is not used | Health & Safety Code § 166.154; HHS form effective 5/2024 |
| Arizona | Health care power of attorney | Witness or notary | Notarization is one statutory path; the current AG form uses a notarial jurat | At least one adult witness is the other statutory path | A.R.S. § 36-3221; AG form updated 08/2025 |
| North Carolina | Health care power of attorney | Witnesses and notary | Acknowledgment before a notary public | Two qualified witnesses | G.S. § 32A-16 |
| Florida | Designation of health care surrogate | Witness-based | Not stated as the statutory execution method in § 765.202 | Two subscribing adult witnesses, with stated disqualifications | Florida Statutes § 765.202 (2026) |
Send the complete unsigned form so the certificate, signer lines, and witness block can be identified.
The principal is the person granting healthcare authority. When the document uses a notarial path, the principal is ordinarily the signer whose signature receives the notarial act.
The named healthcare agent does not automatically need to attend merely because the agent is named. Some forms separately require the agent’s acceptance or signature. Review the full form before assuming who must appear.
Send it for review so the signer, witness, and notarial sections can be identified before the session.
Usually the principal granting the authority is the signer involved in the notarial act. The named agent normally does not need to attend solely because the agent is being appointed, unless the form separately requires the agent’s signature or acceptance.
Send the complete document so those blocks can be checked. Naming an agent is not the same as requiring that person to join the video session.
The named agent does not necessarily need to be physically with the principal during the notarial act. The document’s appointment language and any separate agent-acceptance requirement still control.
This page does not decide whether a particular person is eligible to serve as agent under the governing law. If the form names the agent and does not require that person’s signature, the principal can still be the only signer for the notarial act.
In some states and on some forms, yes. Texas § 166.154 and the current Texas HHS medical power of attorney form allow an acknowledgment before a notary in lieu of two witnesses. Arizona § 36-3221 allows the health care power of attorney to be notarized or witnessed, and the current Attorney General form tells the signer to choose a witness or a notary.
Other states work differently. North Carolina’s statutory definition of a health care power of attorney uses two qualified witnesses and a notarial acknowledgment. Florida’s health care surrogate designation in § 765.202 uses two witnesses and does not state a notary requirement.
If your form already prints a notary certificate, keep that certificate with the document and send the full unsigned file. See witness guidance when people are in different locations if the form still requires witnesses.
Send the complete unsigned form for review.
Healthcare documents do not all use the same notarial certificate. Some statutes and forms use an acknowledgment. Others use a jurat or sworn certificate.
The Texas HHS medical power of attorney form uses acknowledgment wording: the instrument is acknowledged before a notary. The Arizona Attorney General form updated August 2025 labels its notary block “NOTARIAL JURAT” and uses “subscribed and sworn (or affirmed)” language when the notary path is chosen.
If the form already contains a certificate, keep that wording with the document. If the required notarial act is unclear, the signer or document provider should obtain the appropriate instruction before the session. iRemoteNotary does not choose healthcare powers or invent a certificate the form does not contain.
Use the form a hospital, attorney, agency, or planner already gave you when you have one. This map explains the usual job of each label. It does not replace that form.
| Your goal | Common document | Who receives authority | What authority is granted | Can notarization be part of execution? |
|---|---|---|---|---|
| Name who may make healthcare decisions | Health care proxy, medical POA, health care POA, or surrogate | The named healthcare agent or surrogate | Healthcare decisions within the document and governing law | Yes on some current forms; witnesses may be used instead or in addition |
| Permit specified health-information sharing | HIPAA authorization | The person or organization named in the authorization | Specified uses or disclosures of protected health information | Not required by federal HIPAA itself |
| Record treatment preferences | Living will or advance directive | Often no agent, unless the packet also appoints one | Documented wishes about care in defined situations | Depends on that form’s execution block |
| Authorize money or property tasks | Financial or durable power of attorney | The named financial agent | Property and financial tasks within that instrument | Often yes, under that instrument’s own execution rules |
A financial power of attorney is a separate comparison. It does not, by itself, appoint a healthcare decision-maker. See power of attorney online notarization when the document is a power of attorney that actually uses a notarial act.
One trusted person can be named in more than one document. The jobs stay separate. For seasonal planning context, see the healthcare decision documents planning center.
When a healthcare power of attorney is currently effective and grants healthcare decision authority, HHS personal-representative guidance generally treats that agent as the individual for HIPAA purposes within the scope of that authority. Limited authority means limited access to protected health information relevant to that representation.
HHS explains that a person with only a narrow healthcare power, such as authority over one treatment decision, is a personal representative only for information related to that decision. Exceptions can apply, including when a covered entity reasonably believes treating the person as personal representative would endanger the individual.
A financial power of attorney that does not include healthcare decisions does not, by itself, create that personal-representative status. HHS FAQ 224 states that a covered entity treats a personal representative as the individual, except for decedents, only when the person has authority under other law on healthcare-related matters.
A HIPAA authorization remains a different tool. Families often use it so someone can receive specified information while the patient can still make decisions. It does not appoint a treatment decision-maker.
Federal HIPAA does not itself require a HIPAA authorization to be notarized or witnessed. HHS FAQ 478, last reviewed January 9, 2023, says the Privacy Rule does not require that the document be notarized or witnessed.
A healthcare organization, employer, or separate form may still print its own signature, witness, or notary block. Those steps come from that form, not from a federal notarization mandate. HHS FAQ 219 also states that the Privacy Rule does not change how a person grants a healthcare power of attorney. State law on that appointment continues to apply.
An authorization under the Privacy Rule permits specified information uses or disclosures. It does not, by itself, give the recipient unlimited medical-record access or the power to make treatment decisions.
Remote online notarization may be possible when the signer can personally participate, communicate through live audio and video, complete required identity verification, and act voluntarily. The document’s execution rules must allow the remote method, and any witness requirement must be satisfiable.
A notary does not diagnose capacity and does not treat a completed notarization as proof of capacity. A session cannot proceed if the signer cannot communicate or participate. A hospital’s acceptance of the completed form is a separate question.
Send the full unsigned document before scheduling so witness and notarial requirements can be reviewed. Identity guidance is in acceptable identification for online notarization.
Send the form before scheduling.
An eligible U.S. healthcare document may be reviewed for remote online notarization while the principal is outside the United States, when the online notary’s commissioning-state law allows the act, identity verification can be completed, and the form’s witness or notarial path can be followed. Remote online notarization is performed under the law of the online notary’s commissioning state. That does not guarantee every hospital or state form accepts the method.
Two locations matter, and they are not necessarily the same place. Signer location is where the principal is physically located during the session. Document jurisdiction is the state whose form or law governs the healthcare document. A signer can be physically outside the United States while completing a healthcare power of attorney governed by a U.S. state’s form.
Outside the U.S.? Contact iRemoteNotary on WhatsApp at WhatsApp +1 (305) 608-4003(opens in a new tab) for document review, international scheduling, and time-zone coordination. See notarizing U.S. documents while abroad and how a remote session works.
If the document is already prepared, sending the complete unsigned file is usually faster than trying to determine the execution rules from the document title alone.
This sequence does not draft the healthcare document or choose its legal wording.
If an attorney, hospital, healthcare provider, state agency, estate planner, or another source already provided the document, you do not need to determine every legal category before contacting iRemoteNotary.
Send the complete unsigned form. iRemoteNotary can review the visible notarial certificate, principal signature line, witness section, agent signature or acceptance section, and execution instructions before coordinating an eligible remote session.
For notarization review, send the execution document and relevant instructions. Do not send unrelated medical records or clinical history unless those pages are actually part of the document that must be signed.
Identify the governing state with the file so the session can be coordinated.
Follow the form and provider instructions for retaining the completed document, giving a copy to the healthcare agent, and giving copies to healthcare providers when appropriate. Replace or update earlier instructions only in the way that form or its instructions describe.
A completed notarization does not make the document legally valid in every state, does not force a hospital to accept it, and does not give the agent unlimited medical-record access. iRemoteNotary does not provide legal or medical advice.
Sometimes. Texas allows a medical power of attorney to be acknowledged before a notary instead of two witnesses. Arizona allows a health care power of attorney to be notarized or witnessed. North Carolina’s statutory definition uses two qualified witnesses and a notarial acknowledgment. The form you have controls.
It depends on the governing state and the exact form. “Health care proxy” is a common label, not one national execution rule. Look for a notarial certificate, a witness block, or both, and send the unsigned form for review.
On some forms, yes. Current Texas and Arizona medical or health care power of attorney paths allow a notary instead of the witness path those sources describe. North Carolina uses witnesses and a notary. Florida’s health care surrogate statute uses two witnesses.
North Carolina General Statutes § 32A-16 defines a health care power of attorney as signed in the presence of two qualified witnesses and acknowledged before a notary public. That is one verified example, not a list of every state.
The principal, the person granting healthcare authority, is ordinarily the signer. When the form uses a notarial path, that signature is the one that receives the notarial act.
Usually no. The named agent does not need to attend only because the agent is being appointed, unless the form separately requires the agent’s signature or acceptance.
Leave the signature that will be notarized unsigned until the session. If the form says to sign only when the witness or notary is present, follow that instruction.
An eligible form can be reviewed for remote online notarization when the signer can complete identity verification and the form’s notarial path can be followed. Remote online notarization does not guarantee that every hospital or state will accept that method.
It may be possible when you can participate by live audio and video, complete identity verification, and act voluntarily, and when the form allows that method. The notary does not determine medical capacity.
A signer outside the United States can ask for review of a U.S. healthcare form. Signer location and the state that governs the form are different facts. Not every foreign-located signing can use remote online notarization.
The named agent does not have to be in the same place as the principal for the notarial act unless the form requires the agent’s own signature or acceptance. Agent eligibility is still controlled by the document and governing law.
When healthcare decision authority is currently effective, HHS guidance generally treats the agent as a HIPAA personal representative for information relevant to that authority. Limited authority means limited access. A financial-only power of attorney does not create that status.
No. A medical power of attorney appoints a healthcare decision-maker under state law. A HIPAA authorization permits specified uses or disclosures of protected health information. One does not replace the other.
Federal HIPAA does not itself require a HIPAA authorization to be notarized or witnessed. A provider’s own form may still include extra signature steps.
Send the complete unsigned document, the governing state, the principal’s location, any witness or notarial blocks, and any provider instructions. Do not send unrelated medical records.
The following primary sources support the legal and procedural information in this guide. Requirements can change, so confirm current rules with the receiving organization before relying on a notarized document.
Texas Health and Safety Code § 166.154 — Execution(opens in a new tab)
Texas Legislature
Accessed October 10, 2026
Medical Power of Attorney Designation of Health Care Agent (effective 5/2024)(opens in a new tab)
Texas Health and Human Services
Accessed October 10, 2026
Arizona Revised Statutes § 36-3221 — Health care power of attorney(opens in a new tab)
Arizona State Legislature
Accessed October 10, 2026
Life Care Planning: Health Care Power of Attorney (updated 08/2025)(opens in a new tab)
Office of the Arizona Attorney General
Accessed October 10, 2026
North Carolina General Statutes § 32A-16 — Definitions(opens in a new tab)
North Carolina General Assembly
Accessed October 10, 2026
Florida Statutes § 765.202 (2026) — Designation of a health care surrogate(opens in a new tab)
The Florida Senate
Accessed October 10, 2026
U.S. Department of Health and Human Services
Accessed October 10, 2026
Personal Representatives(opens in a new tab)
U.S. Department of Health and Human Services
Accessed October 10, 2026
U.S. Department of Health and Human Services
Accessed October 10, 2026
U.S. Department of Health and Human Services
Accessed October 10, 2026
Send the current unsigned form, identify the governing state, and choose your preferred session time.