Legal Question in Elder Law in New York

Can a New York Power of Attorney be notarized by a New Jersey Notary?


Asked on 3/25/11, 5:39 am

1 Answer from Attorneys

Brendan Gilbert The Gilbert Law Office

Yes, if signed in New Jersey.

The acknowledgement of the Power of Attorney must be notarized in the same manner as a real property conveyance under the NY General Obligations Law, Section 5-1501B(c). NY Real Property Law Section 299(3) allows a Notary of another US state to acknowledge a real property conveyance made outside of New York.

Therefore, so long as the signing party of the Power of Attorney is within New Jersey at the time of signing, the New Jersey Notary may notarize the signature.

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Answered on 3/29/11, 5:39 pm


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