Last verified: Oct 24, 2026
Apostille for a power of attorney (or any notarized document)
Selling a house abroad, handling a parent's bank account or an inheritance overseas, or retiring to another country often means signing a power of attorney (POA) in the US and sending it abroad with an apostille. The rule people miss: the apostille comes from the state where the notary is commissioned, not the state you live in and not the country where the POA will be used. [1][2][3]
| Which office | The apostille office (usually the Secretary of State) of the state whose notary notarized your signature. Florida, for example, says a document "Signed by the Notary Public in another state" must go to "the Competent Authority for that state." [2] |
|---|---|
| Which copy | The original notarized document with the notary's original signature and seal. Florida: "Notarized documents must contain a full notarial statement and the original notary public's signature, stamp and seal. A photocopy is not acceptable." [2] California also says "A photocopy is not acceptable." [4] |
| Extra step? | In some states, yes. New York and Maryland require a county-level certification of the notary first (details below). [3][5] |
| Fee and timing | Set by each state. Examples from official pages: California $20 per apostille [4]; Florida $10 per document [2]; New York $10 per document [3]; Maryland $5 per document [5]. Processing times change; check the state's page before you mail anything. |
Step 1: Get the wording right before you sign
A POA is a private document. An apostille only certifies the notary's signature and seal; it doesn't check what the document says. California's apostille FAQ says it plainly: "The Apostille does not validate the contents of the document." [6] So ask the person or office abroad (the bank, notary, lawyer, or consulate) whether they need specific wording, a translation, or a particular format before you sign. Texas also reminds signers that a notary "cannot make statements on behalf of signers; only the signer may do so, such as in a power of attorney." [7]
Step 2: Sign it in front of a notary, and note which state they're commissioned in
Whatever state that notary belongs to is the state that apostilles it. State examples:
- Washington: personal documents, which it says include "power of attorney (POA), affidavits, and consents/authorizations," must be "notarized by a Washington State notary" and sent with its request form. [8]
- Texas: lists powers of attorney as non-recordable documents that can be notarized by a Texas notary. Texas rejects documents with the term "Notario Publico" or statements by a notary acting beyond their authority. [7]
- California: the document "must be signed by a California public official or be an original notarized and/or certified document." California's Secretary of State does not provide notarial services, so get it notarized first. [4][6]
On the road or living in one state, family in another? Each signer can use a local notary, but each notarized document then goes to that notary's state. Two siblings signing in two states means two different apostille offices.
Step 3: The county step (New York, Maryland, and others)
- New York: "Notarized documents must be certified by the County Clerk of the County where the notary is certified to notarize." Then it goes to the NY Department of State with the fee ($10 per document). [3]
- Maryland: take the notarized document "to the Clerk of the Circuit Court in the county where the notary was commissioned" (the county is imprinted on the notary's seal), then to the Secretary of State in Annapolis. Maryland lists $5 per document. [5]
Other states may have a similar step. The state's apostille page will say so.
Step 4: Online (remote) notarization: check twice
Some states will apostille a remote online notarization (RON), but the receiving country may not accept it. Texas says it can apostille RON documents if they come with a notarization ledger and a proper notarial certificate, and adds: "some countries do not accept online (RON) notarized documents, even if properly authenticated by our Office." [7] Before you pay for an online notary, ask the receiving party abroad whether they will accept one, and check the notary's state apostille page.
Step 5: Hague country or not?
The U.S. Department of State says state documents used in a Hague Convention country get certified by the state, and for a country that's not in the Convention you need an authentication certificate instead. [1] For non-Hague countries, Texas notes you will also need authentication from the U.S. Department of State's Office of Authentications. [7] New York says its certificates of authentication "may also require an additional certification from the United States Department of State." [3] Check the country on the HCCH status table [9] and see apostille vs. authentication.
Signed before a military notary or a US consular officer? That's a federal document. The State Department says documents signed by a "Military notary or judge advocate" or a "U.S. consular officer" get their apostille from its office, not a state. [1]
Why POAs get sent back
- Sent to the wrong state (where you live, not where the notary is commissioned). [2]
- A photocopy instead of the original notarized document. [2][4]
- Skipped the county clerk step in New York or Maryland. [3][5]
- An incomplete notarial certificate. Florida asks for "a full notarial statement." [2]
- Didn't name the destination country. California's mail requests need "A cover sheet stating the country in which the document will be used." [4]
Other notarized papers work the same way: affidavits, travel consent letters for a child, and notarized copies. Vital records and school records follow different rules; see the birth certificate, marriage certificate, and diploma and transcript guides. More state details: California and the state index.
Each state sets its own rules, fees, forms, and processing times, and they change. Always confirm on the official apostille page of the notary's state before you mail anything. This is general information, not legal advice. For what a power of attorney should say, talk to a lawyer in the country where it will be used.
Sources
- U.S. Department of State: Preparing your Document for an Apostille Certificate
- Florida Department of State: Authentications (Apostilles & Notarial Certifications)
- New York Department of State: Apostille or Certificate of Authentication
- California Secretary of State: Request an Apostille
- Maryland Secretary of State: Certifications/Apostilles
- California Secretary of State: Apostille Frequently Asked Questions
- Texas Secretary of State: Apostille/Authentication of Documents
- Washington Secretary of State: Apostille Frequently Asked Questions
- HCCH: Status table of the Apostille Convention