Notarizing a power of attorney in Ohio or Texas
A power of attorney (POA) is one of the most common reasons families call a mobile notary, often for a parent in a hospital or care home. Whether you actually need a notary depends on the state and on the type of POA. This page summarizes the Ohio Revised Code and the Texas Estates and Health & Safety Codes, checked Nov 9, 2026 (America/New_York). Not legal advice; a notary can’t tell you which form to use or whether it fits your situation.
Quick answer
| Document | Ohio | Texas |
|---|---|---|
| Financial (durable) POA | Must be signed by the principal. Notarizing isn’t the only way to make it valid, but a signature acknowledged before a notary is presumed genuine (§1337.25), which is what banks and title companies look for. | Must be acknowledged before a notary (or another officer who can take acknowledgments and give oaths) to count as a durable POA (Estates Code §751.0021(a)(4)). |
| Medical / health care POA | Either two qualified adult witnesses or a notary, who must also attest the principal appears of sound mind and free of duress, fraud, or undue influence (§1337.12). | Either two qualified witnesses or a notary acknowledgment instead of witnesses (Health & Safety Code §166.154). |
| POA used to sell, mortgage, or lease real estate | Must be executed and acknowledged before the real-estate document, and recorded with the county recorder where the property is (§1337.04). | Must be recorded with the county clerk where the property is, no later than 30 days after the real-estate instrument is filed (§751.151). |
Who can’t be a witness (if you skip the notary)
For medical POAs, using a notary avoids hunting for eligible witnesses at a bedside. If you use witnesses instead:
- Ohio: two adults who are not related to the principal by blood, marriage, or adoption, not named as the agent or alternate agent, not the attending physician, and not the administrator of a nursing home where the principal is receiving care (§1337.12(B)).
- Texas: two competent adults, and at least one must not be the agent, a relative, an heir or someone with a claim on the estate, the attending physician or their employee, or a facility employee giving the principal direct care or working in its business office or management (§166.003).
Before you book a mobile notary
- Have the document finished but unsigned. The principal signs in front of the notary. In Ohio and Texas, someone else may sign for a principal who can’t physically sign, in their presence and at their direction (Ohio §1337.25; Texas §751.0021(a)(2) and §166.154(c)). Tell the notary ahead of time if that’s your situation.
- The principal needs ID, normally an unexpired government photo ID. A hospital wristband isn’t one. See what to bring.
- The principal has to understand and want to sign. For an Ohio health care POA, the notary has to attest the principal appears of sound mind and isn’t under duress. If the principal is heavily sedated or confused that day, expect the notary to decline, and you may still owe the travel fee.
- Count the notarial acts. A financial POA plus a medical POA is usually at least two acts. Ohio caps each in-person act at $5 and Texas at $10 for the first signature on an acknowledgment; the rest of a mobile quote is travel. See the Ohio and Texas fee guides.
- Check the facility’s rules. Visiting hours, isolation rooms, and badge-in policies are the most common hospital delays; the hospital & after-hours guide covers what to ask.
After it’s signed
- In Texas, a photocopy or electronically sent copy of a durable POA generally has the same effect as the original (§751.0023(c)), and a bank or other business asked to accept it may request an agent’s certification or an opinion of counsel within 10 business days rather than refusing outright (§751.201).
- Signing a new Texas durable POA doesn’t automatically revoke an older one unless the new one says so (§751.135).
- If real estate is involved, budget for recording at the county recorder (Ohio) or county clerk (Texas) on top of the notary’s fee.
Online notarization can work for a POA if the principal can handle a video call and ID check, and if whoever will rely
on the POA accepts an electronically notarized document. For real estate and many banks, ask first. See
mobile vs online.
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If that changes, it will be disclosed here and on the disclosure page.
Find a mobile notary
Cleveland mobile notaries and Dallas–Fort Worth mobile notaries list publicly sourced services, checked Nov 6, 2026. Ask whether they do hospital or care-home POA signings when you call.
Sources (checked Nov 9, 2026, America/New_York)
- Ohio Rev. Code §1337.25, Execution of power of attorney (eff. Mar 22, 2012) — codes.ohio.gov
- Ohio Rev. Code §1337.12, Health care POA formality of execution (eff. Mar 20, 2014) — codes.ohio.gov
- Ohio Rev. Code §1337.04, Recording of power of attorney (eff. Oct 24, 2024) — codes.ohio.gov
- Texas Estates Code ch. 751 (§§751.0021, 751.0023, 751.0022, 751.135, 751.151, 751.201) — statutes.capitol.texas.gov
- Texas Health & Safety Code §166.003, Witnesses — statutes.capitol.texas.gov
- Texas Health & Safety Code §166.154, Execution of medical POA — text read via texas.public.law (mirror marked verified May 26, 2025; the official page didn’t render for our fetch)
- Fee caps: see sources on the Ohio and Texas fee guides (checked Nov 7–8, 2026)