Posted by Reba Shaw-Silva on 5/3/12 3:48pm
Msg #419773
Wills and POA in NY
I received a call today from a man who is in need of a mobile notary to meet him at the hospital for his dying relative (Sunday or Monday) to have papers signed. According to him, his relative is sick, and he needs to get a power of attorney document and will notarized. He also warned me that this relative may need assistance to sign the documents-- I am unclear (because he is unclear) as to whether this is within the scope (being a will) of the acts I am allowed to perform as a notary. He is not very specific about the documents. Should I take the trip to the hospital to verify? or pass and tell him that his request is outside the scope of my role as a notary.
|
Reply by MikeC/TX on 5/3/12 4:41pm
Msg #419785
You cannot notarize the will itself in NY - you could invalidate the will by doing so. The will can only be executed under the direction of an attorney, so you "helping" with the signing of it could be construed as UPL - if he has any specific questions about what to do and how to proceed, he needs to talk to an attorney.
Assuming the will was prepared by an attorney, there should be a second document called a self-proving affidavit. It's not really required, it just makes it easier at probate (the witnesses don't have to be located again), so most attorneys would include it with the will as a matter of routine. There should be at least two witnesses to the execution of the will; they then sign the affidavit in your presence, you take their oath, and you notarize their signatures on THAT document only, not on the will itself.
I would suggest you touch base with him and make sure he has the self-proving affidavit and witnesses lined up (obviously, you can't be one of them). If not, there's nothing you can do for him as far as the will is concerned. The POA shouldn't be a problem, as long as the individual is lucid.
It's not complicated - just understand what you can and can't do, and you'll be fine.
|
