16 Jul Can an out-of-state notary be used for N.J. documents?

Q. I’m preparing a standard durable power of attorney for my 30-year-old daughter who lives in New Jersey, appointing me her agent. This is just in case she’s ill and I need to help her with paying bills, contacting persons on her behalf, etc. What do I need to know about properly using a notary because I am in New York. Is a New Jersey durable power of attorney if it is notarized by a New York notary?
— Figuring

A. We’re glad you and your daughter are taking steps to take care of these arrangements.

When the execution of a legal document must be witnessed and notarized, the individual — the principal in the case of a power of attorney — signs the document first in the presence of the witnesses and notary, said Catherine Romania, an estate planning attorney with Witman Stadtmauer in Florham Park.

She said the witnesses then sign either next to or under the principal’s signature. The notary then signs after — below — the witnesses, she said.

“Notaries are permitted to notarize documents created for and under the laws of other states provided the notaries follow the rules of their home state,” Romania said. “Thus a New York notary may notarize a New Jersey power of attorney in person in New York or by remote notarization in New York.”

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This story was originally published in July 2024.

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