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Notary publics are often allowed to act as witnesses, but only if they do not notarize the document. Many states require powers of attorney to be notarized.An Ordinary Power of Attorney is valid as long as the principal is competent (meaning they're capable of making their own decisions and not incapacitated). In order to ensure the validity of the Power of Attorney, it should be notarized. However, if this is not possible, you should still complete the. Certain financial institutions can also serve. However, you do not need to get this done at the time you execute the document. Under the old law, a Power of Attorney had to be notarized, but it was not necessary for the document to be witnessed. A durable power of attorney should always be notarized, but just like with witnesses it would be legal without it, although it might be. There are no special qualifications necessary for someone to act as an attorney-in-fact except that the person must not be a minor or otherwise incapacitated.