Forms of Power of Attorney in New York

The Law Offices of Ronald S. Kahn & Associates

Consumer: Some Forms of Powers of Attorney

Keywords: Power of Attorney, New York Short Form, General Obligation Law, agent, principal.

The following is an extract of the text of New York's General Obligation law in effect on October 11, 1999. If you choose to use these forms you must be quite careful and follow the letter of the law. Failure to follow the requirements of law could result in a very damaging and unintended result. A power of attorney permits one or more people to act as though they were you. You can give them the authority to only act together or you can give them the authority to act individually. I highly suggest that you consult an attorney before you use these forms.

GENERAL OBLIGATIONS LAW
ARTICLE 5. CREATION, DEFINITION AND ENFORCEMENT OF CONTRACTUAL OBLIGATIONS
TITLE 15. STATUTORY SHORT FORM POWER OF ATTORNEY

� 5-1501. Statutory short forms of general power of attorney; durable and nondurable forms; formal requirements; joint agents

1. The use of the following form in the creation of a durable power of attorney is lawful, and, when used, it shall be construed as a statutory short form power of attorney in accordance with the provisions of this title:

DURABLE GENERAL POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM THE POWERS YOU GRANT BELOW CONTINUE TO BE EFFECTIVE SHOULD YOU BECOME DISABLED OR INCOMPETENT (CAUTION: THIS IS AN IMPORTANT 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, SECTIONS 5-1502A THROUGH 5-1503, WHICH EXPRESSLY PERMIT THE USE OF ANY OTHER OR DIFFERENT FORM OF POWER OF ATTORNEY . THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS . YOU MAY EXECUTE A HEALTH CARE PROXY TO DO THIS. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

THIS is intended to constitute a DURABLE GENERAL POWER OF ATTORNEY pursuant to Article 5, Title 15 of the New York General Obligations Law:

I, . . . . . . . . . . .
(insert your name and address)
do hereby appoint:
. . . . . . . . . . . . . . . . . . . . . . . . . .
(If 1 person is to be appointed agent, insert the name and address of your agent above)
. . . . . . . . . . . . . . . . . . . . . . . . . .
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. . . . . . . . . . . . . . . . . . . . . . . . . .
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(If 2 or more persons are to be appointed agents by you, insert their names and addresses above)
my attorney(s)-in-fact TO ACT
(If more than one agent is designated, CHOOSE ONE of the following two choices by putting your initials in ONE of the blank spaces ( ) to the left of your choice:)
( ) Each agent may SEPARATELY act
( ) All agents must act TOGETHER.
(If neither blank space is initialed, the agents will be required to act TOGETHER)
IN MY NAME, PLACE AND STEAD in any way which I myself could do, if I were personally present, with respect to the following matters as each of them is defined in Title 15 of Article 5 of the New York General Obligations Law to the extent that I am permitted by law to act through an agent:

(DIRECTIONS: Initial in the blank space to the left of your choice any one or more of the following lettered subdivisions as to which you WANT to give your agent authority. If the blank space to the left of any particular lettered subdivision is NOT initialed, NO AUTHORITY WILL BE GRANTED for matters that are included in that subdivision. Alternatively, the letter corresponding to each power you wish to grant may be written or typed on the blank line in subdivision "(Q)", and you may then put your initials in the blank space to the left of subdivision "(Q)" in order to grant each of the powers so indic ated)

( ) (A) real estate transactions;
( ) (B) chattel and goods transactions;
( ) (C) bond, share and commodity transactions;
( ) (D) banking transactions;
( ) (E) business operating transactions;
( ) (F) insurance transactions;
( ) (G) estate transactions;
( ) (H) claims and litigation;
( ) (I) personal relationships and affairs;
( ) (J) benefits from military service;
( ) (K) records, reports and statements;
( ) (L) retirement benefit transactions;
( ) (M) making gifts to my spouse, children and more remote descendants, and parents, not to exceed in the aggregate $ 10,000 to each of such persons in any year;
( ) (N) tax matters;
( ) (O) all other matters;
( ) (P) full and unqualified authority to my attorney(s)-in-fact to delegate any or all of the foregoing powers to any person or persons whom my attorney(s)-in-fact shall select;
( ) (Q) each of the above matters identified by the following letters:
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(Special provisions and limitations may be included in the statutory short form nondurable power of attorney only if they conform to the requirements of section 5-1503 of the New York General Obligations Law.)
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This durable Power of Attorney shall not be affected by my subsequent disability or incompetence.

If every agent named above is unable or unwilling to serve, I appoint

. . . . . . . . . . . . . . . . . . . . . . . . . .

(insert name and address of successor)

to be my agent for all purposes hereunder.

TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY THIRD PARTY RECEIVING A DULY EXECUTED COPY OR FACSIMILE OF THIS INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION OR TERMINATION SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT. THIS DURABLE GENERAL POWER OF ATTORNEY MAY BE REVOKED BY ME AT ANY TIME.

In Witness Whereof I have hereunto signed my name this . . . . day of . . . . . , 19. . . .

(YOU SIGN HERE:) = = >. . . . . . . . . . . .

(Signature of Principal)

I have inserted the various forms of acknowledgement being used in New York presently. You must chose the correct one for your situation.

UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT
(Within New York State)

State of New York )
County of _______ ) ss.:
On the ____ day of ________ in the year ____ before me, the undersigned, personally appeared __________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

_____________________________
Signature and Office of individual taking acknowledgment

UNIFORM FORM CERTIFICATE OF ACKNOWLEDGMENT
(Outside of New York State)

State, District of Columbia, Territory, Possession, or Foreign Country _____________________ ) ss.:
On the ____ day of ________ in the year ____ before me, the undersigned, personally appeared __________________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their/ capacity (ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the _______________________. (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken).

_____________________________
Signature and Office of individual taking acknowledgment

UNIFORM FORM CERTIFICATE OF PROOF OF EXECUTION BY A SUBSCRIBING WITNESS
(Within New York State)

State of New York )
County of _______ ) ss.:
On the ____ day of ________ in the year ____ before me, the undersigned, personally appeared __________________________, the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she/they reside(s) in ______________________ (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she/they know(s) ________________________ to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said ________________________ execute the same; and that said witness at the same time subscribed his/her/their name(s) as a witness thereto.

_____________________________
Signature and Office of individual taking acknowledgment

UNIFORM FORM CERTIFICATE OF PROOF OF EXECUTION BY A SUBSCRIBING WITNESS
(Outside of New York State)

State, District of Columbia, Territory, Possession, or Foreign Country ______________________) ss.:
On the ____ day of ________ in the year ____ before me, the undersigned, personally appeared __________________________, the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she resides in ___________(if the place of residence is in a city, include the street and street number, if any, thereof); that he/she knows ________ to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said _______ execute the same; that said witness at the same time subscribed his/her name as a witness thereto; and that said subscribing witness made such appearance before the undersigned in ______________. (Insert the city or other political subdivision and the state or country or other place in which the proof was taken.)

_____________________________
(Signature and office of individual taking proof.)

MORE STATUTORY LANGUAGE: The execution of this statutory short form durable power of attorney shall be duly acknowledged by the principal in the manner prescribed for the acknowledgement of a conveyance of real property. No provision of this article shall be construed to bar the use of any other or different form of power of attorney desired by the parties concerned. Every statutory short form durable power of attorney, to be valid, must be written, typed or printed using letters which are in legible writing of or clear type of no less than twelve-point in size or if in writing a reasonable equivalent thereof and must contain, in bold face upper case or upper and lower case type or a reasonable equivalent thereof the "CAUTION" which is printed in bold face type at the beginning of the statutory form printed above and the "DIRECTIONS" which are printed in bold face type immediately before subdivisions (A) through (Q) of the statutory form printed above. ANOTHER SECTION OF THE STATUTE WITH ANOTHER POWER OF ATTORNEY THIS NEXT POWER OF ATTORNEY CEASES TO BE OF EFFECT IF YOU BECOME DISABLED OR INCOMPETENT. THE FIRST POWER OF ATTORNEY ABOVE, WILL NOT CEASE TO BE EFFECTIVE IF YOU BECOME DISABLED OR INCOMPETENT.

1-a. The use of the following form in the creation of a nondurable power of attorney is lawful, and, when used, it shall be construed as a statutory short form power of attorney in accordance with the provisions of this title:

"NONDURABLE GENERAL POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM THE POWERS YOU GRANT BELOW CEASE TO BE EFFECTIVE SHOULD YOU BECOME DISABLED OR INCOMPETENT (CAUTION: THIS IS AN IMPORTANT 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 TERMINATE IF YOU BECOME DISABLED OR INCOMPETENT. THESE POWERS ARE EXPLAINED MORE FULLY IN NEW YORK GENERAL OBLIGATIONS LAW, ARTICLE 5, TITLE 15, SECTIONS 5-1502A THROUGH 5-1503, WHICH EXPRESSLY PERMIT THE USE OF ANY OTHER OR DIFFERENT FORM OF POWER OF ATTORNEY. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS. YOU MAY EXECUTE A HEALTH CARE PROXY TO DO THIS. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.) THIS is intended to constitute a NONDURABLE GENERAL POWER OF ATTORNEY pursuant to Article 5, Title 15 of the New York General Obligations Law:

(DIRECTIONS: Initial in the blank space to the left of your choice any one or more of the following lettered subdivisions as to which you WANT to give your agent authority. If the blank space to the left of any particular lettered subdivision is NOT initialed, NO AUTHORITY WILL BE GRANTED for matters that are included in that subdivision. ALTERNATIVELY, the letter corresponding to each power you wish to grant may be written or typed on the blank line in subdivision "(Q)", and you may then put your initials in the blank space to the left of subdivision "(Q)" in order to grant each of the powers so indicated)

If every agent named above is unable or unwilling to serve, I appoint . . . . . . . . . . . . . . . . . . . . . . . . . .
(insert name and address of successor) to be my agent for all purposes hereunder.

TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY THIRD PARTY RECEIVING A DULY EXECUTED COPY OR FACSIMILE OF THIS INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION OR TERMINATION SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT. THIS NONDURABLE GENERAL POWER OF ATTORNEY MAY BE REVOKED BY ME AT ANY TIME.

In Witness Whereof I have hereunto signed my name this . . . . . day of . . . . . . , 19 . . . .

(YOU SIGN HERE:) = = > . . . . . . . . . . . .
(Signature of Principal)

YOU MUST INSERT THE PROPER ACKNOWLEDGEMENT AS SET FORTH ABOVE!! WITHOUT AN ACKONWLEDGEMENT, THE POWER OF ATTORNEY IS USELESS. YOU MUST SELECT THE PROPER ACKNOWLEDGEMENT FROM ABOVE.

The execution of this statutory short form nondurable power of attorney shall be duly acknowledged by the principal in the manner prescribed for the acknowledgement of a conveyance of real property. No provision of this article shall be construed to bar the use of any other or different form of power of attorney desired by the parties concerned. Every statutory short form nondurable power of attorney, to be valid, must be written, typed or printed using letters which are in legible writing of or clear type of no less than twelve-point in size or if in writing a reasonable equivalent thereof and must contain, in bold face upper case or upper and lower case type or a reasonable equivalent thereof the "CAUTION" which is printed in bold face type at the beginning of the statutory form printed above and the "DIRECTIONS" which are printed in bold face type immediately before subdivisions (A) through (Q) of the statutory form printed above.

2. A power of attorney is a "statutory short form power of attorney", as this phrase is used in the following sections of this title, when, but only when, it meets the requirements of the closing paragraph of subdivision one or subdivision one-a of this section and has been duly acknowledged by the principal in the manner prescribed for the acknowledgement of a conveyance of real property and it contains the exact wording of the form set forth in subdivision one or subdivision one-a of this section, except that any blank space to the left of any one or more of lettered subdivisions (A)through (Q) may be initialed by the principal, in which case the corresponding subdivisions to the right of the blank spaces so initialed shall be deemed chosen by the principal and effective with respect to the powers conferred in the particular sections of this title which are represented by the subdivisions so chosen. Notwithstanding the foregoing, a "statutory short form power of attorney" may contain modifications or additions of the types described in section 5-1503 of this chapter.

3. If more than one agent is designated by the principal, such agents, in the exercise of the powers conferred, must act jointly or separately consistent with the interpretive instructions contained in such statutory short form power of attorney.

4. Notwithstanding subdivisions one, one-a and two of this section, a power of attorney executed either before, on, or after September twenty-seventh, nineteen hundred sixty-four and before October first, nineteen hundred ninety-four is a "statutory short form power of attorney" as this phrase is used in the following sections of this title when it uses the words "New York General Business Law, Article 13, sections 222-234" and the words "Article 13 of the New York General Business Law" in lieu of the words "New York General Obligations Law, Article 5, Title 15, sections 5-1502A through 5-1503" and "Article 5, Title 15 of the New York General Obligations Law" and in other respects complies with subdivision two of this section as such subdivision two existed before its amendment effective [fig 2] October first, nineteen hundred ninety-four.

4-a. Notwithstanding subdivisions one, one-a and two of this section, a power of attorney executed either on or after October first, nineteen hundred ninety-four and before the effective date of subdivision five-a of this section is a "statutory short form power of attorney" as this phrase is used in the following sections of this title when it uses the words "New York General Obligations Law, Article 5, Title 15, sections 5-1502A through 5-1503" and "Article 5, Title 15 of the New York General Obligations Law" and in other respects complies with subdivision two of this section as such subdivision two existed before its amendment effective on the same date as the effective date of subdivision five-a of this section.

5. Every "statutory short form power of attorney", as this phrase is used in the following sections of this title, which was executed before October first, nineteen hundred ninety-four in accordance with provisions of law effective at the time of such execution, shall continue to remain effective and be governed by the requirements of such prior law, on and after October first, nineteen hundred ninety-four; provided, however, that every "statutory short form power of attorney" executed on and after October first, nineteen hundred ninety-four shall be subject to the provisions of this section as amended by chapter six hundred ninety-four of the laws of nineteen hundred ninety-four.

5-a. Every "statutory short form power of attorney", as this phrase is used in the following sections of this title, which was executed before the effective date of this subdivision in accordance with provisions of law effective at the time of such execution, shall continue to remain effective and be governed by the requirements of such prior law, on and after the effective date of this subdivision; provided, however, that every "statutory short form power of attorney" executed on and after the effective date of this subdivision shall be subject to the provisions of this section as amended by the same chapter of the laws as the one which added this subdivision to this section.

Ronald S. Kahn