Reminder – A power of attorney is not permitted to be notarized via remote notarization.

Recently, we have been presented with several power of attorneys notarized via RON (remote notarization). Please be sure to review very carefully any powers submitted at or prior to closing.  

The statutory authority for the exclusion of Powers is noted below.

State Technology Law “STL” § 304 Permitted the use of an electronic signatures and stated electronic signatures shall have the same validity and effect as the use of a signature affixed by hand.

However, State Technology Law § 307 states that certain documents are excluded from the permissive use of electronic signatures; among the documents excluded are: Wills, trusts, orders not to resuscitate, powers of attorney and health care proxies.

https://codes.findlaw.com/ny/state-technology-law/stt-sect-307.html