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[NY] Can I use an out-of-state notary for a durable power of attorney where I live?

Liz
Liz

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You could use either, but since it's going to be used only in NY, it can be better to have it notarized in NY. If you have a local bank, most have a notary. It's also often free for bank members. (NY Gen Oblig L § 5-1501B)

In general though, you can notarize out of state and still use it in NY. States honor each other's Powers of Attorney. It's based on the full faith and credit clause of the constitution. (U.S. Const. art. IV, § 1)

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New York Durable (Statutory) Power of Attorney

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Hello. I am filling this out on behalf of my husband. Can we use a notary in New Jersey even though we reside in NY?

Lexi

Lexi, Chatbot

I understand that navigating notary requirements can be confusing. Can you please confirm what type of document your husband needs notarized?

Durable power of attorney.

Lexi

Lexi, Chatbot

Is the notary service needed for a specific legal process or transaction?

To witness the durable power of attorney.

Liz

Liz

Hi there! Welcome to our service. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, will the power of attorney be used in both states?

Only in NY. Is it better to get it done in NY?

Liz

Liz

You could use either, but since it's going to be used only in NY, it can be better to have it notarized in NY. If you have a local bank, most have a notary. It's also often free for bank members. (NY Gen Oblig L § 5-1501B)

In general though, you can notarize out of state and still use it in NY. States honor each other's Powers of Attorney. It's based on the full faith and credit clause of the constitution. (U.S. Const. art. IV, § 1)

Thank you for your input. I appreciate your point of view.

Liz

Liz

You're very welcome.

Liz

Liz

43,836 satisfied customers

Liz
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