Estate Planning Documents
Getting a Power of Attorney Notarized in New Jersey
By Tawana Harris ·
A power of attorney lets one person act for another, so the signing is taken seriously and the paperwork is unforgiving of small errors. Most problems appear before the notary arrives, which means most of them are avoidable.
Who has to be present
The person granting the authority — the principal — must appear in person with valid photo identification. The agent being appointed generally does not need to attend unless the document itself provides a place for the agent to sign and have that signature notarized.
A family member cannot sign a power of attorney on someone else's behalf, and a notary cannot notarize a signature for a person who is not present.
Capacity and willingness
The principal must be aware of what they are signing and must be signing of their own free will. A notary observes this at the appointment: is the signer alert, do they understand that they are appointing someone to act for them, are they answering for themselves rather than being answered for?
If a signer is sedated, cannot stay alert, or cannot communicate a clear decision, the notarization may have to wait. Where family members are pressing a hesitant signer, the appointment may also need to stop. This is not a judgement about anyone's intentions — it is the notary's obligation.
Witnesses
Some power of attorney forms include witness lines. When the document requires witnesses, each witness should bring photo identification and should normally be a neutral adult who is not the appointed agent and does not benefit from the document. A notary cannot add or waive a witness requirement — the document and the party requesting it decide.
Common reasons a signing has to be redone
The name on the identification does not match the name on the document. Pages or exhibits are missing. The signature was added days earlier when the certificate required signing in the notary's presence. Blanks were left unfilled, which a notary cannot complete for you. The form has no notarial wording at all.
What a notary cannot help with
A notary who is not an attorney cannot tell you which power of attorney form to use, explain the difference between the powers listed, advise whether the document is right for your situation, or draft language for it. Those are questions for an attorney. The notary's role is identity, willingness, the oath where required, and a correctly completed certificate.
Practical preparation
Print the complete document, gather identification for the principal and any witnesses, leave signatures blank, and set aside a quiet place with room for everyone to sit. If the principal is in a hospital or care facility, check the facility's visiting rules in advance.