Free New York Durable Power of Attorney Forms

New York Durable Power of Attorney Laws

Every state has different statutes regarding POAs. While general rules apply to durable POAs, specific details differ depending on the area.

Here are two New York laws that apply:

• New York General Obligations § 5-1501B - The section refers to the creation of a valid power of attorney. It is valid if the template is typed or printed legibly in a font size of at least 12. It must be signed and dated by a competent principal and witnessed by two people, neither of whom can be the agent. On the effectivity of the POA, the law states: “The date on which an agent’s signature is acknowledged is the effective date of the power of attorney as to that agent.”
• New York General Obligations § 5-1414.9(b) - This refers to certain gift transactions, formal requests, and statutory forms of the durable POA. A statutory gift rider to a statutory short-form POA will only be valid when signed and dated by a competent principal and witnessed by two people, neither of whom is the agent.

Signing Requirements in New York

A durable POA in New York must be signed by the principal and agent in the presence of a notary public.

The content must also be in accordance with the requirements of the state of New York.

How To Write a Durable POA in New York

A durable POA is a crucial document that grants permission to another person who acts as a decision-maker for a principal who becomes incompetent or incapacitated.

Here are the steps for creating a durable POA in New York:

1. Choose an agent

The agent plays a crucial role in a durable POA. They are solely responsible for making decisions for a person who has been legally considered incompetent. The responsibilities involve making financial and even healthcare decisions. You must choose someone you trust with your money, properties, and life.

The agent will be required to present the legal document whenever they act on behalf of the principal, whether they are signing documents, withdrawing or depositing money, or making end-of-life decisions.

The principal can also choose two or more persons as co-agents or successor agents (New York General Obligations § 5-1508).

2. Discuss the agent’s powers

One important reason why you must choose someone you can trust as an agent is that, when the time comes, they will make decisions based on what you want and need.

Once you’ve chosen an agent, you must talk to them about the responsibilities you wish to bestow upon them and what you want to happen to your assets or medical care in the future.

3. Download the New York Durable Power of Attorney form

There are printable templates online for a durable POA in New York. Make sure the form you choose satisfies the requirements of your state.

You can customize the document to reflect your wishes and the specific responsibilities you are giving your agent.

4. Sign the Durable Power of Attorney

Sign the legal document in front of a notary public. The agent must also sign the document to acknowledge the authority given to them.

The New York durable POA is now valid, and the agent can begin performing permitted transactions on behalf of the principal.