What I handle
- Powers of attorney. A New York statutory short form power of attorney must be signed, notarized, and witnessed by two disinterested witnesses. The notary may serve as one of the two.
- Trusts and trust certifications.
- Wills. A will is signed in front of witnesses rather than notarized. What gets notarized is the self-proving affidavit the witnesses sign.
- Health care proxies and living wills. A New York health care proxy needs two adult witnesses. It does not need a notary, though many families have the signing handled at the same appointment.
- Deeds transferring property into or out of a trust.
The signing requirements are covered in detail in New York power of attorney signing requirements and wills and health care proxies in New York.
Who should prepare the documents
Your attorney. I am not an attorney and cannot draft estate documents, choose forms, or advise you on what to sign. My part starts when the documents are ready: I verify identity, make sure each signer is acting willingly and understands they are signing, handle the notarial certificates, and serve as a witness where the law allows.
Working with attorneys
Estate planning and elder law attorneys use mobile notaries for clients who cannot travel to the office. I follow the attorney's execution instructions exactly and return originals the way the firm wants them returned.
Witnesses
Tell me when you book whether witnesses are needed. For most documents the witnesses cannot be people who benefit from the document. If you need help arranging disinterested witnesses, ask and I will tell you what is possible for your appointment.
Related guides
Common questions
Does a will have to be notarized in New York?
No. A New York will is signed in front of two witnesses. The witnesses usually sign a self-proving affidavit, and that affidavit is what gets notarized. Your attorney will supervise or give instructions for the signing.
Can the notary also be a witness on a power of attorney?
Yes. For a New York statutory short form power of attorney, the notary may serve as one of the two required witnesses, as long as the notary is not a person who benefits under the document.
Can you come to a hospital or nursing home?
Yes. The signer must be alert and willing, and able to communicate with me directly. I will not proceed if a signer appears confused or pressured.
Can you help me fill out the forms?
No. Choosing, drafting, or completing legal documents is legal work and has to be done by you or your attorney.