For Non-Detained Immigrants
Different states have different rules for how to properly execute a POA. In general, a POA must always be in writing, and may have to be witnessed by one or more persons, notarized or recorded at the county courthouse, depending on where, and for what purpose, the POA is being used.
Some states, such as New York, have a “statutory form,” which is a model POA form written in a statute created by the state legislature.[1] These forms often contain instructions on exactly what actions are required to make the POA valid. Statutory form POAs are often widely recognized and accepted at banks and other institutions within the state.
If you have particular bank accounts (or other accounts) that you want the agent to be able to access, you should look online or contact the institution to determine whether it has a particular POA form for customer use. Although banks and other institutions should honor other POA forms that are valid, the easiest way to make sure that an institution will honor a POA may be to use any specific forms that it suggests.
As noted above, if you have property in several states, it may be valuable to have separate POAs executed according to the rules of each relevant state. However, if you are facing deportation, you may not have the time or resources to make valid POAs for several states. In those circumstances, you may want to execute one POA that complies with the strictest requirements for POAs in the United States. This would require your signature and the date, the signatures of two witnesses, the signature of a notary public and acknowledgements by the agent(s).
For special POAs, the document should be as detailed as possible. For example, the POA should list all relevant bank account numbers over which the agent may have control, as well as the name of the bank(s) and the addresses of your local United States branch. If the POA gives the agent authority to sell a house or car, the property for sale should be described in detail, including any identifying marks or numbers, such as serial and registration numbers. Other terms, such as a minimum-selling price, that are important to you should also be included.
Note: People who wish to use a POA to carry out real estate transactions almost always need to “record” or “file” the POA with the local clerk or land records office, and should check local requirements.
For Detained Immigrants
It is possible for you to prepare POAs while in detention, though it may be difficult to have the documents properly witnessed and notarized. If you are detained, it is advised to contact a lawyer to help with this process, preferably one familiar with the regulations of the detention center where you are being held (e.g., visiting hours, rules regarding making telephone calls and mailing letters and other details about how a detention center is staffed and organized). If an attorney’s help is not available, one option is to hire a notary who agrees to come to the detention facility. Such notaries can usually be found on the Internet by searching for “notary” and “prison” or “detention.” During visiting hours, a notary, agents and any witnesses can work with you to execute the POA forms.
For Deported Immigrants: The “Apostille” Process
It is also possible to prepare or amend a valid POA after deportation. The most straightforward way to do so is for you or a notary public (or similar official in your home country) to draft the POA, have the notary notarize the POA, and then have the POA “apostilled.”
An “apostille” is a way to authenticate or legalize documents so that they will be honored in another country. The process is recognized by every country, including the United States, that has signed the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of 1961 (the ’Convention’). Thus, a document, like a POA, that has been properly apostilled in Mexico will be recognized in the United States. To get a document apostilled, you must take it to one of the designated people in your home country for signature. The link below provides information about where to find those individuals in several countries: https://www.hcch.net/en/instruments/conventions/authorities1/?cid=41
Sample apostille forms in several languages are available online here: https://www.hcch.net/en/publications-and-studies/details4/?pid=3198&dtid=28
If the POA and any accompanying documents, including the apostille, are not in English, it is recommended that an English translation be attached. If possible, the translation should be certified as true and correct. Generally, this can be done by having the translator sign a statement that they believe the translation is accurate and complete, then getting the statement notarized by a Notary Public. This signed, notarized statement, sometimes called a ”Certificate of Accuracy,” should be attached to the POA and the translation.
If you are deported to a country that is not a signatory to the Convention, such as China,[2] Jamaica, Canada, Vietnam, or most of the Middle East, you should seek the advice of local lawyers or the local United States embassy or consulate about how to properly authenticate locally notarized POAs so that they will be valid in the United States.
[1] Statutory form POAs for several states can be found at the end of this chapter. These forms are valid as of March 2025. For subsequent years, try running searches on the Internet for “statutory form power of attorney” and the relevant state.
[2] While China is not a signatory to the Convention, the Convention does apply in the special administrative regions of Hong Kong and Macau.