New York Power of Attorney Form Create a New York Power of Attorney Form

New York Power of Attorney Form

Published Dec 16, 2025
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A New York Power of Attorney Form is a legal instrument allowing a principal to designate an agent to manage financial and legal affairs within the state.

Poa Type

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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NEW YORK POWER OF ATTORNEY FORM

NOTICE:
This is a public document. The powers granted by this document are broad and sweeping. They are defined in the New York General Obligations Law, Article 5, Title 15, Part B, which expressly permits the use of any other or different form of power of attorney desired by the parties concerned.

CAUTION TO THE PRINCIPAL:
Your Power of Attorney is an important legal document. It gives the person whom you designate (your "agent") broad powers to handle your property during your lifetime, which may include powers to mortgage, sell, or otherwise dispose of any real or personal property without advance notice to you or approval by you. These powers will continue to exist even after you become disabled or incompetent. These powers are explained more fully in New York General Obligations Law, Article 5, Title 15, Part B and Part C. You have the right to revoke or terminate this Power of Attorney at any time.

This Power of Attorney does not authorize your agent to make health care decisions for you.

You are not required to select an agent who is your spouse or domestic partner. If you do select your spouse or domestic partner, that divorce, annulment or legal separation, or dissolution of the domestic partnership will terminate the agent’s authority.

I. DESIGNATION OF AGENT

I, , residing at , hereby appoint:

, residing at , as my agent.

If you designate more than one agent above, they must act:

II. DESIGNATION OF SUCCESSOR AGENT (OPTIONAL)

If any agent designated above is unable or unwilling to serve, I appoint as my successor agent:

, residing at .

Successor agents designated above must act:

III. GRANT OF AUTHORITY

I grant authority to my agent(s) with respect to the following subjects as defined in the General Obligations Law, Article 5, Title 15, Part C.

(Check the box for each subject you want to include in the agent’s authority. If you check the box at (P), you grant all of the authority listed in (A) through (O).)

IV. MODIFICATIONS (OPTIONAL)

In this section, you may make additional provisions, including language to limit or supplement authority granted to your agent.

The modifications are:

V. CERTAIN GIFT TRANSACTIONS

(Statutory authority to make gifts is limited to the annual exclusion amount per donee. If you want to authorize your agent to make larger gifts, you must expressly grant that authority in the Modifications section above.)

I grant my agent the authority to make gifts in accordance with the terms and conditions of the General Obligations Law, Article 5, Title 15, Part C.

VI. DESIGNATION OF MONITOR (OPTIONAL)

If you wish to appoint a person to monitor the agent's conduct, fill in the name and address below.

I wish to designate , residing at as monitor.

The monitor shall have the authority to request, receive, and compel the agent to provide a record of all receipts, disbursements, and transactions entered into by the agent on behalf of the principal.

VII. COMPENSATION OF AGENT

The agent is entitled to be reimbursed for reasonable expenses incurred on your behalf.

(Check one)

VIII. ACCEPTANCE BY THIRD PARTIES

I agree to indemnify the third party for any claims that may arise against the third party because of reliance on this Power of Attorney. I understand that any termination of this Power of Attorney is not effective as to a third party until the third party has actual notice or knowledge of the termination.

IX. TERMINATION

This Power of Attorney continues until I revoke it or it is terminated by my death or other event described in New York General Obligations Law Section 5-1511.

X. SIGNATURE AND ACKNOWLEDGMENT

In Witness Whereof, I have hereunto signed my name on .

PRINCIPAL

Signature: _________________________
Print Name: _______________
Date: _______________
Address: _______________

WITNESSES
(Two witnesses are required. Witnesses must not be named as agents in this Power of Attorney.)

Witness 1:
Signature: _________________________
Print Name:
Date:
Address:

Witness 2:
Signature: _________________________
Print Name:
Date:
Address:


IMPORTANT INFORMATION FOR THE AGENT:

When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the principal. This relationship imposes on you legal responsibilities that continue until you resign or the Power of Attorney is terminated or revoked. You must:

(1) Act according to any instructions from the principal, or, where there are no instructions, in the principal’s best interest;
(2) Avoid conflicts that would impair your ability to act in the principal’s best interest;
(3) Keep the principal’s property separate and distinct from any other property owned or controlled by you;
(4) Keep a record of all receipts, payments, and transactions conducted for the principal; and
(5) Disclose your identity as an agent whenever you act for the principal by writing or printing the principal’s name and signing your own name as "agent" in either of the following manners: (Principal’s Name) by (Your Signature) as Agent, or (your signature) as Agent for (Principal’s Name).

You may not use the principal’s assets to benefit yourself or anyone else or make gifts to yourself or anyone else unless the principal has specifically granted you that authority in the modifications section of this document or a Non-Statutory Power of Attorney. If you violate your fiduciary duties under this Power of Attorney, you may be liable for damages and may be subject to criminal prosecution. You should seek legal advice if there is anything about this document or your duties that you do not understand.

AGENT'S SIGNATURE AND ACKNOWLEDGMENT

I, _______________, have read the foregoing Power of Attorney. I am the person identified therein as agent for the principal named therein.

I acknowledge my legal responsibilities.

AGENT

Signature: _________________________
Print Name: _______________
Date:
Address: _______________

What is a New York Power of Attorney Form?

A New York Power of Attorney Form acts as a legal instrument granting a designated individual the authority to manage financial and legal affairs on behalf of another person. The individual bestowing this authority is known as the principal, while the appointed representative is referred to as the agent or attorney-in-fact. This document allows the agent to perform specific acts such as banking transactions, real estate management, and tax filing, often remaining valid even if the principal becomes incapacitated.

Types of New York Power of Attorney Form

  • Durable Power of Attorney - Remains effective even if the principal becomes mentally or physically incapacitated and unable to make decisions.
  • Non-Durable Power of Attorney - Grants authority to the agent only while the principal remains competent and typically terminates upon the principal's incapacitation.
  • Springing Power of Attorney - Becomes active only upon the occurrence of a specific future event or condition, typically the certified incapacity of the principal.
  • Limited Power of Attorney - Restricts the agent's authority to specific transactions or a defined period, such as handling a real estate closing or managing a single bank account.

New York State Laws and Regulations

New York maintains strict statutory requirements regarding the creation and acceptance of power of attorney documents under the General Obligations Law:

  • Statutory Short Form Requirements - Establishes the standard text and formatting required for a valid power of attorney document in the state (NY Gen. Oblig. Law § 5-1513).
  • witnessing and Acknowledgment - Mandates that the principal's signature must be acknowledged by a notary public and witnessed by two disinterested adults (NY Gen. Oblig. Law § 5-1501B).
  • Modifications to Statutory Gifts Rider - Eliminates the separate Statutory Gifts Rider and allows the principal to authorize gifts within the Modifications section of the standard form (2020 N.Y. Laws ch. 323).
  • Acceptance by Third Parties - Prohibits financial institutions and other third parties from unreasonably refusing to honor a properly executed statutory short form (NY Gen. Oblig. Law § 5-1504).
  • Fiduciary Duties of Agent - Defines the legal standard of care required of an agent, including the duty to act in the principal's best interest and keep separate records (NY Gen. Oblig. Law § 5-1505).

Execution Requirements for Validity

To ensure a New York Power of Attorney Form is legally binding, specific execution formalities must be observed without deviation:

  • Capacity of Principal - The individual creating the document must possess the mental capacity to understand the nature and consequences of the appointment at the time of signing.
  • Notarization - The principal must sign the document in the presence of a notary public who acknowledges the signature.
  • Two Witnesses - Two adult witnesses must observe the principal signing the document; the notary public may serve as one of these witnesses.
  • Agent's Signature - The appointed agent must sign the document and have their signature notarized before they can legally act under the authority granted.
  • Exact Wording - The document must contain the exact "Caution to the Principal" and "Important Information for the Agent" language prescribed by state statute.

How to Complete a New York Power of Attorney Form

Step 1: Designation of Agent - Identify the primary agent and any successor agents who will act if the primary appointee is unable or unwilling to serve.

Step 2: Granting of Authority - Initial the specific brackets next to the powers granted, such as "Real estate transactions" or "Banking transactions," or initial letter (P) to grant all listed powers.

Step 3: Modifications - Use the modifications section to add specific instructions, limit powers, or authorize the agent to make gifts in excess of the statutory annual default.

Step 4: Execution by Principal - Sign and date the document in the physical presence of a notary public and two witnesses.

Step 5: Acceptance by Agent - Ensure the agent signs the "Agent's Signature and Acknowledgment of Appointment" section before a notary public.

Distinction from Health Care Proxy

New York law separates financial authority from medical decision-making authority. A standard New York Power of Attorney Form does not grant the agent the right to make health care decisions.

  • Financial Management - The Power of Attorney covers assets, contracts, litigation, and business interests.
  • Medical Decisions - A separate document known as a Health Care Proxy is required to appoint an agent for medical treatment and end-of-life decisions (NY Pub. Health Law § 2981).
  • Scope of Authority - Agents under a Power of Attorney cannot access medical records unless a HIPAA release is specifically included or a separate medical directive is executed.

FAQs

Recording is generally not required for the document to be valid between the principal and agent. Recording with the County Clerk is typically necessary only if the agent intends to use the document for real estate transactions involving a deed or mortgage.
The authority granted under this document terminates immediately upon the death of the principal. The executor or administrator of the estate assumes control of the deceased person's assets and legal affairs at that point.
The Statutory Short Form is the standard template created by the New York legislature that is widely accepted by banks and institutions. Using this form ensures compliance with state laws and provides statutory protection against third-party rejection.
The standard form allows agents to give gifts up to $5,000 per year in total unless the principal specifies otherwise. To authorize gifts exceeding this amount, the principal must explicitly grant this authority in the modifications section of the form.
Generic forms may not be valid if they do not include the specific "Caution to the Principal" and "Important Information for the Agent" language required by New York law. State-specific forms are necessary to ensure the document is legally binding and accepted by local institutions.

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