[NY] Can a power of attorney be validly signed by the principal and agents in different states?

I understand that you're trying to navigate the process of power of attorney for your mom, which can be quite complex. Has your mom already discussed her wishes with your brother regarding this arrangement?

Is your mom currently able to understand and communicate her decisions regarding the power of attorney?

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your power of attorney.

Hello, I'm an attorney who works in your area of law, and I'll help you sort this out today. I've read what you shared, so let's go over what's happening and what your best next steps look like. How was the power of attorney form drafted to handle multiple agents, and does it specify any particular signing sequence or location requirements for you and your brother?

Ok, thank you so much for including that! Are you planning for your mom's power of attorney to be governed by New York or Pennsylvania law, and have you confirmed that the form from this website is intended to comply with that state's requirements?

Ok! I've been working on an answer while we've been chatting, so it'll just be a moment.

Thank you so much for chatting with me on this. You can sign a New York power of attorney while you are in Pennsylvania, and that does not change the fact that New York law governs the document. The law doesn't care where you are located. The important piece is that your mom's signing in New York meets New York's requirements for notarization and witnesses, so that her appointment of you and your brother is valid. Your own signature as an agent is usually a consent and acknowledgment, and it can be notarized where you are located without a problem. This cross-state approach is directly supported by New York General Obligations Law (NY Gen Oblig L § 5-1512), which provides that a power of attorney executed in another state or jurisdiction in compliance with that state's law, or New York's law, is valid in New York. The underlying signing formalities for the document itself, including notarized signatures for the principal and each agent, come from (NY Gen Oblig L § 5-1501B). To keep things aligned, you can confirm that the website's instructions match New York's statutory formatting and witness rules for powers of attorney. You are asking the right questions, and your next step is to follow the signing instructions exactly as provided with the New York form.

I hear you! Your mom and brother can sign the document first in New York, and then send it to you in Pennsylvania for your signature. It's important that each signature is notarized and witnessed according to the requirements of New York law. Since the form doesn't specify the order, it's generally acceptable for the principal, your mom, to sign first, followed by the agents, you and your brother. I know it's a lot, but does that help make sense of things a bit more? I want to make sure I didn't leave anything out.

For sure! Did I thoroughly address your question? If the answer is no to either, please let me know so I can help! I know it's a lot.

It's generally not advisable to merge two separately signed and notarized forms into one power of attorney document. Each power of attorney should be a single, cohesive document that clearly outlines the roles and responsibilities of the agents. If you and your brother are both going to be agents, it's best to have one document that both of you sign, even if it means coordinating the signing process. This ensures clarity and avoids any potential legal complications. If you're considering having separate documents, it might be worth consulting with a local attorney to ensure everything is legally sound. Let me know if you have any more questions or need further clarification!

Sure thing! I'll be happy to address that. The document doesn't specifically need to have original, "wet" signatures, but if you want a notary, they need to witness a wet signature. This means that the notary typically needs to witness the signing of the original document, not a copy or a scanned version. Electronic notarization is fine. Try proof.com or notarize.com as well. If you have any more questions or need further assistance, feel free to ask!

Yes, that's correct! Your mom and brother can have their signatures notarized with witnesses in New York. Once that's done, they can scan the document and send it to you. You can then print it out and have your signature notarized with witnesses in Pennsylvania. The key is that each signature is properly notarized and witnessed according to the requirements of the respective state. This approach should work, but it's always a good idea to double-check with a local attorney or notary to ensure compliance with any specific state laws or requirements. I know it's a lot, but does that help make sense of things a bit more? I want to make sure I didn't leave anything out.

Sure thing! Did you have any other details you needed addressed, or did you have any concerns in general you still needed addressed? If there's anything else I can clarify, I'm here for you!