White Plains Apostille & Mobile Notary often process apostilles for the Bahamas, and when handling Power of Attorney documents, our clients are often surprised to learn that we need to add additional language—typically in the form of standardized stamps—to “legalize” the document for use in New York.
What is often overlooked is that if the “agent” being granted powers by the “principal” is located in New York, the POA becomes fully valid and enforceable in the state. With this in mind, the document must adhere to a few straightforward rules that were updated in the 2021 POA “makeover.”
If you’re submitting a POA for apostille that is intended for use in the Bahamas, and your attorney there isn’t well-versed in New York law, a few modifications will be necessary to ensure compliance.
Please note that these changes are NOT required to obtain your apostille. However, if we are also notarizing your POA, we make these adjustments because the “errors” are so apparent that we address them as part of our notarial duty to ensure the document’s accuracy.
| Criteria | Nassau, Bahamas | New York State (2021 ABA Version) |
|---|---|---|
| Form | Must be in writing. | Must be in writing and on a statutory form. |
| Capacity | Principal must be of sound mind. | Principal must be of sound mind. |
| Execution | Signed by the principal or someone else at their direction in the presence of a witness. | Signed by the principal and the agent. Both signatures must be notarized. |
| Witnesses | At least one adult witness, who is not a party to the document and is not related to the principal. | Two witnesses required. Witnesses must sign in the presence of the principal and the notary. |
| Notarization | Recommended but not always required. | Required for both the principal and the agent. |
| Specificity | Should clearly outline the powers granted. | Must specify the powers granted. Statutory short form provides specific language for various powers. |
| Durability | Must explicitly state if it is a Durable POA. | Default is durable unless explicitly stated otherwise. |
| Revocation | Can be revoked at any time in writing, provided the principal is of sound mind. | Can be revoked at any time in writing. The principal must notify the agent and any relevant third parties. |
| Registration | Required for real estate transactions and other specific matters. | No general registration requirement, but filing is necessary for real estate transactions. |
| Effective Date | Effective immediately upon execution unless otherwise stated. | Can be effective immediately or springing (effective upon a future event like incapacity). |
| Scope of Authority | Can be general or specific; must be clearly stated in the document. | Can be general or specific; the statutory form includes specific language for different types of powers. |
| Language Requirement | Must be in English. | Must be in English or accompanied by a certified translation. |
| Acceptance by Third Parties | Generally accepted if properly executed and notarized; may require additional steps for specific transactions. | Mandatory for banks and financial institutions to accept the statutory short form unless reasonable cause exists. |
This table highlights the key differences and similarities between the requirements for a Power of Attorney in Nassau, Bahamas, and New York State according to the 2021 ABA version.