By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Care Attorney
Recently, a client, who lives in New York, was seeking to have a power of attorney document notarized in New York even though his mother, whom he was assuming power of attorney over, lived in New Jersey. While it is possible for notarized documents to be recognized out of state as being notarized, a notary’s jurisdiction is bound to the state of physical witness and presence. This is codified in New York Executive Law, which states that “notaries in this state shall have a jurisdiction that is co-extensive with the boundaries of the state.” The power of attorney was prepared in New Jersey for a resident living in New Jersey. The document should therefore be notarized by someone who has the jurisdiction to notarize New Jersey documents, which New York notaries do not have. Therefore, the New York notary cannot legally notarize her document.
Interestingly, other states have different laws when it comes to notaries. Kentucky, for example, allows notaries to apply for a special commission to notarize documents outside of the state as long as they are recorded in Kentucky. Notaries in Montana, North Dakota, and Wyoming have the ability to notarize documents in each other’s states. In Washington D.C. and Virginia, any resident or person who is employed in the state but lives somewhere else may apply to become a notary public. Check out the laws where you live to see how notarization works for you and how your state recognizes notaries.
To discuss your NJ Elder Care matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at firstname.lastname@example.org. Please ask us about our video conferencing consultations if you are unable to come to our office.