NOTARY AND WITNESS FOR POWER OF ATTORNEY GIFT RIDER?

Like a will, the statutory gift rider requires at least two witnesses not named as beneficiaries. SCP 1406 allows the will to be self-proving by an affidavit of attesting witness acknowledged before a notary. But the notary cannot be one of the witnesses. Not so with the statutory gift rider. General Obligations Law Section 5-1514 (9)(b):

"9. To be valid, a statutory gifts rider to a statutory short form power of attorney must:

(b) Be signed and dated by a principal with capacity, with the signature of the principal duly acknowledged in the manner prescribed for the acknowledgment of a conveyance of real property, and witnessed by two persons who are not named in the instrument as permissible recipients of gifts, in the manner described in subparagraph two of paragraph (a) of section 3-2.1 of the estates, powers and trusts law. The person who takes the acknowledgment, under this paragraph, may also serve as one of the witnesses. (italics provided)"