New York power of attorney notarization

How the appointment works

1. Use a current post-June 13, 2021 New York statutory short form POA, not a pre-reform printout.
2. Bring at least one extra adult who is not named as agent. The notary may serve as one of the two required witnesses, not both.
3. Bring the principal's photo ID. Do not pre-sign.
4. The principal signs. Witnesses sign. The notary takes the acknowledgment as for a real-property conveyance.
5. The agent signs and has that acceptance notarized when they are ready to act, which can be a later day.

Witnesses in the five boroughs

Bring at least one extra adult who is not named as agent, because the notary can only fill one witness slot. Co-op board packages, bank POAs, and hospital-room signings in Manhattan, Brooklyn, and Queens fail when the only other person in the room is the agent. Statutory notary fee for a traditional act is $2 (Exec. Law § 136). Travel in the city is extra and agreed first.

Healthcare proxy is a different statute

A New York health care proxy (Public Health Law § 2981) is signed in front of two witnesses. A notary is not what the statute requires. Families often still want a notary present for a financial POA signed at the same visit. Do not treat a notarized financial POA as a substitute for a health care proxy. Hospitals look for the proxy form.

Electronic notarization and after

New York electronic notarization is operational, with the notary physically in New York. Use it for a POA only if the bank, title company, or counsel will take that electronic certificate and the witness rules can be met on the platform. Many NYC co-op boards and lenders still want wet ink.

After the appointment, keep an original. Banks and co-op boards often want to preview the POA. The agent's acceptance can wait until they actually need to act.