I am examining a 9 page POA which I suspect does not conform to the amendments to the New York Power of Attorney Law sections of the General Obligations Law.
The New York Legislature has passed amendments to the New York Power of Attorney Law, Sections 5-1501–5-1514 of the General Obligations Law, which became effective on September 13, 2010. I am examining a 9 page POA dated subsequent to that date.
The page on which the principal's signature appears, the page on which the agent's signature appears and the page on which the signatures of the 2 witnesses appear are 3 different pages and the notary public signature is present only on the very last page - the page on which the signatures of the 2 witnesses appear - and nowhere else in the entire document. The notary public is one of the 2 witnesses.
There is no date anywhere on the page on which the principal's signature appears.
1. Does the fact that neither of the 2 different pages - the one on which the principal's signature appears and the other page on which the agent's signature appears - is notarized render this POA statutorily invalid or is it enough to satisfy the requirements of the changes to New York's General Obligations Law that only the last page of a multi-page POA be notarized?
2. Does the absence of a either a date or a notary stamp anywhere on the page on which the principal's signature appears satisfy the requirements of the changes to New York's General Obligations Law or is this POA rendered statutorily invalid by the absence of each?
1 Answer from Attorneys
I say no; the Power of Attorney is not valid as the signatures of the principal and agent are not acknowledged as required by GOL 5-1501B(1)(b) and (c).
As a practical matter though, the third party to whom the Power of Attorney is presented may accept the Power of Attorney anyway, being unaware the document is not executed properly.
What does the acknowledgment block say before the notary's signature? Does it say "before me came (the principal) and (the agent) and (the witnesses), whose identity . . .?" If your principal is incapacitated and the Power of Attorney can't be redrafted, then you may have to hang your hat on that, if all parties' names are included in the notary block. I think you've got problems though, depending on whom you represent, of course.
And if you're representing the third party to whom the Power of Attorney has been presented, if it were me I'd lean towards rejecting the document for the reasons stated.
Redact the PoA with your pdf program and I'll take a second look at it for you. [email protected].
Related Questions & Answers
-
Both my parents passed away last year. 9 months after my mom passed, i received a... Asked 1/26/18, 3:13 pm in United States New York Elder Law
-
For a durable power of attorney in new York state is it required to be notorized or... Asked 1/12/18, 1:01 am in United States New York Elder Law
-
Is a POA valid in NY state if power is give to two siblings and one sibling has not... Asked 1/10/18, 4:39 pm in United States New York Elder Law
-
Want to put my childrens name on out house title as we are getting older. They live... Asked 11/10/17, 11:13 am in United States New York Elder Law
-
If a person is declared incompetent by a psychiatrist can his power of attorney sign... Asked 10/20/17, 7:13 am in United States New York Elder Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
