Power of attorney guide
Power of Attorney for Vital Records
A certified copy of a birth, death or marriage certificate can only be issued to an “authorized person,” and in several states that list includes the registrant's attorney-in-fact under a power of attorney. The power of attorney is attached to the application; the application itself is often a sworn statement that must be notarized; and the whole packet goes to the state or county vital-records office by mail.
Also called: power of attorney for a birth certificate, authorization to obtain a vital record.
Who is an authorized person
Each state's vital-records statute lists who may receive a certified copy: the registrant, a parent or legal guardian, a child, a spouse, a sibling or grandparent, a legal representative, and, in California, Texas and a number of other states, an attorney-in-fact under a power of attorney acting for one of those people. The power must be in force, must cover obtaining records or the registrant's personal affairs, and is usually submitted as a copy with the application.
A few states do not accept powers of attorney at all for this purpose. New York City, for example, issues birth certificates only to the registrant or a parent named on the record; relatives and agents need a court order. Where that is the rule, a power of attorney does not help.
The notarized application
California's VS 111, VS 112 and VS 113 applications include a sworn statement that must be notarized when mailed; Texas county clerks require a notarized application for a certified birth record; New York City's VR 69 is a jurat; Minnesota, Iowa, Arizona, Montana and Wyoming require a notarized signature on mail-in applications. When an agent applies, the agent signs the sworn statement in their own name as attorney-in-fact and attaches the power of attorney.
The notary is verifying the agent's identity and oath, not the power of attorney. The vital-records office checks the power separately against its authorized-person list, so a power that does not mention records, or that has expired, is rejected even though the notarization is perfect.
Drafting the power of attorney
A general or durable financial power of attorney that covers “personal and family maintenance” or “records” is usually enough. A limited power of attorney written for this purpose should name the registrant, the record (birth, death, marriage), the registrant's relationship to the principal where the principal is not the registrant, and the agent's authority to apply for, receive and pay for certified copies. Execute it under the state's ordinary power-of-attorney rules (notary in most states) and attach a copy of the agent's photo identification to the application, since every state requires that of the applicant.
The vital records guide lists, state by state, who may apply for a certified copy, whether an agent under a power of attorney is accepted, and which applications must be notarized. The application itself is usually a sworn statement; the vital records application page covers notarizing it online.
Power of attorney for vital records: rules by state
- Texas
- California
- Florida
- New York
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
Common questions
- Can someone with power of attorney get a birth certificate?
- In many states, yes: California and Texas list an attorney-in-fact among authorized persons. Some jurisdictions, including New York City, do not accept powers of attorney for birth certificates at all. Check the vital-records rules for the state that holds the record.
- Does the application need to be notarized if I use a power of attorney?
- Where the state requires a notarized application (California, Texas, New York City and several others), yes. The agent signs the sworn statement as attorney-in-fact and the notary verifies the agent's identity. The power of attorney is attached as proof of authority.
- Does the power of attorney itself need to be notarized?
- Follow the rule of the state where it is signed, which is a notary in most states. A notarized power of attorney is also what the vital-records office expects to see attached to the application.
Notarize a power of attorney online
A power of attorney for vital records follows your state's signing rules: notary in most states, witnesses in some. Upload the document, verify your ID, and sign on video with a commissioned online notary in about 15 minutes. Witnesses, where your state requires them, can join the same session.
Related types
Limited power of attorney
Authority for one task or one period: a closing, a permit, a vehicle sale, a trip abroad.
Durable power of attorney
Stays in force if you later lose capacity. The standard choice for long-term planning.
Financial power of attorney
Banking, bills, investments, taxes and property. Usually durable; usually on the state's statutory form.
All types of power of attorney and the state-by-state table →
General information about how powers of attorney are signed, not legal advice. Execution rules are set by each state’s statute and change; the sources on each state page link to the current text. Whether a particular bank, recorder, agency or title company accepts a document is its own decision. Confirm with the receiving party before signing. Rush Notary’s notaries are commissioned online notaries public in Florida who notarize for signers in every state under Florida’s remote online notarization law; see the online notarization requirements for your state.