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Do all signers of a power of attorney need to be notarized at the same time?

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If a power of attorney is being notarized, do both parties need to be present at the same time or can their signatures be notarized on separate dates?M. M., New York

A power of attorney is usually signed by one person (called the “principal”), not two, unless you are referring to the “principal” who creates the power of attorney and the “agent” who is designated in the power of attorney to act for the principal. According to the statutory power of attorney form provided in the NY General Obligations Law, “It is not required that the principal and SUCCESSOR agent(s), if any, sign at the same time, nor that multiple successor agents sign at the same time” (Section 5-1513[q]). You should confirm this by asking the principal signing the power of attorney to obtain counsel from an attorney.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors

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4 Comments

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Catherine Paradoski

03 May 2023

Where f can I take a refresher course for being Longtime Notary of ? Thank you . I. Realize you are most busy, so when you have a brief moment to text me back with that info ? I would appreciate that immensely . Cpardoski@gmail.com

National Notary Association

30 Jun 2023

Hello. To help us with your question, can you please tell us what state you are commissioned in?

carrie wagner

08 May 2023

can a notary notarize a warranty deed, the forming of a limited partnership that involves the notaries domestic partner and his three children, notice of escrow that the notary is the grantee and the grantor is her domestic partner and employer? was any of this legal from 1984 to current? Thank you

National Notary Association

08 May 2023

Hello. We're sorry, but any questions about the legality of a past document would need to be answered by a qualified attorney.

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