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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